Sex and kidnapping charges against two UA fraternity brothers are dismissed

Sex and kidnapping charges against two UA fraternity brothers are dismissed

CREATED Jun 20, 2012

Reporter: Valerie Cavazos

TUCSON (KGUN9-TV) -- Sexual assault and kidnapping charges against two University of Arizona fraternity brothers have been dropped.

20 year old Ellery Gordon and 19 year old Gregory Haft were indicted by a grand jury in February.  The photo taken by the Arizona Daily Star shows Haft, on the left, and Gordon, on the right, in court.

A female student claimed Hart and Gordon sexually assaulted and abused her and kidnapped her at their Pi Kappi Phi house. The two fraternity brothers pleaded not guilty to two charges of sexual assault and one charge of kidnapping. Hart and Gordon were expelled from the fraternity, which was on probation for most of last year after underage drinking was discovered at a party. The fraternity has been in good standing since August.

Attorney Skip Donau, who represents Gordon, said he was confident the charges would be dismissed. "The information clearly demonstrated that there was high probability that if anything happened between the adults it was consenting," said Donau.

Chief criminal deputy attorney Kellie Johnson sent this comment to KGUN9 on Wednesday. It read, "The case was dismissed because the office determined that the evidence was most likely insufficient to prove the case beyond a reasonable doubt.  The decision to not go forward was discussed with the victim in the case prior the decision being made. "

Danau says that Gordon is planning to return to the University of Arizona in the Fall.