On April 23rd, Magistrate Michael Winner dismissed the Rape Charge against former City Manager Rusty Varnado citing, “After hearing testimony from the victim, had a lot of inconsistencies in her testimony…The Court will not bind the defendant over on Count 1, Rape.” These inconsistencies raise questions for a jury. The State appealed the decision.

On May 8th, District Court Judge, Clinton Peterson issued a decision on the Appeal. According to Court Documents, it reads, Based upon testimony presented at the preliminary hearing, the Court finds there is sufficient evidence to find probable cause to bind the defendant over on the charge of rape as originally filed, and the Court does so. Also, based upon the testimony, presented at the preliminary hearing, the Court finds there is sufficient evidence to find probable cause to bind the defendant over on an additional charge of aggravated sexual battery in violation of K.S.A. 21-550(b)(1), and the Court does so.

The ruling of the Magistrate Judge has been reversed.