A judge has dismissed sexual assault charges against a 53-year-old Utah inmate after the alleged victim failed to show up in court to testify.
David Swigart already was serving time for sexually abusing a woman when he was charged with several new counts in November after DNA testing linked him to the rape of a woman walking to a Salt Lake County busy stop in 2010.
A judge dismissed the case Monday at the request of Swigart's attorneys.
Deputy Salt Lake County District Attorney Andrew Deesing said Tuesday he'll consider refiling the case if investigators can get back in contact with the woman who now lives out of state.
Swigart was accused of threatening her with a gun near a bus stop and raping her behind a nearby business before running away.