No charges filed in Raleigh Burger King rape case, DA says office could not find evidence to corroborate accuser's story

RALEIGH, N.C. (WTVD) -- The prison inmate accused of raping a woman at a Raleigh Burger King will not face charges.

The Wake County District Attorney's Office told ABC11 on Wednesday that the office could not find evidence to corroborate the accuser's story.

They also said statements from the accuser were inconsistent with the evidence.

"What I would say is there is evidence in this case that is not consistent that would make a prosecution in this matter extremely difficult," Wake District Attorney Lorrin Freeman said.

A Wake County search warrant released last week showed that investigators had obtained a DNA sample from the man.

The woman said she was raped Jan. 24 at the Burger King on New Bern Avenue in Raleigh.

She said she went to the restaurant after receiving messages from one of the employees saying he would pay her gas money if she'd give him a ride home.

The woman claimed employees were locking the lobby door preventing new customers from coming in just before she was raped. She said the man's coworkers should have heard the attack and stopped it.

"I feel like they set the whole thing up. I really do," the woman told ABC11 previously. "I know somebody heard me in there, because I heard somebody go past that door. And I know if I heard them, they heard me."

The accuser's grandmother, who didn't want to speak on camera, said she stands by the woman's claims.

"It takes a coward to do what he did and not be brought to charges for it. It takes a coward," she said. "He know he did it or he wouldn't have ran. Why you going to run for three hours when you know you are on work release?"

ABC11 is not identifying the man because he has not been charged in this case. However, according to our newsgathering partners at the News & Observer, he has been moved to Central Prison and is no longer eligible for the work-release program. That's because he didn't report back to Wake Correctional promptly on Jan. 25, which is a violation of work-release guidelines.