An accused rapist who pleaded guilty to incest and spent two and a half years in jail walked free today after prosecutors admitted there were “certain inconsistencies with regard to the victim’s story.”

Hamilton County Assistant District Attorney Leslie Longshore dropped one count of rape against Damione Ice, 35, who instead pleaded guilty to one count of incest with a relative.

Mr. Ice received a five-year suspended sentence with time served from Hamilton County Judge Barry Steelman. He’ll have to register as a sex offender, the judge said, but will not have to spend any more time in custody.

“(Mr. Ice) was extremely relieved to be going home and have it behind him,” said defense attorney Dan Ripper.

Ms. Longshore said the type of DNA collected from the scene could have belonged to Mr. Ice or his biological brother. The victim, who was 16 at the time, later told authorities that Mr. Ice’s brother was in the same room when the alleged rape occurred, Ms. Longshore said.

“Our DNA helps us, but it also sets up a viable alternate suspect,” Ms. Longshore told Judge Steelman.

See tomorrow’s Chattanooga Times Free Press for complete coverage.

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