Decapitated were arrested in Santa Ana, California the night of September 8 after allegedly kidnapping and raping a woman on August 31 in Spokane, Washington. All four members were held in Los Angeles County Jail until they were extradited to Spokane and charged with four counts of rape. The charges have all been dropped for now "without prejudice," citing cites “the well being of the victim” and “in the interest of justice” as a reason for dismissal. The case can be reopened if new evidence presents itself. Regardless, Behemoth frontman Nergal is welcoming the band back home with open arms.
Nergal initially said everyone should wait to cast judgment on Decapitated until all the facts have been presented, and has now released a statement about the band's being let go from the legal system. However, thereare two major things to keep in mind about this case right now. First and foremost is that according to Spokane County Deputy Prosecutor Kelly Fitzgerald in the Spokesman Review, "all rape and kidnapping charges [were dropped] without prejudice, meaning the four men could be prosecuted in the future." So this is over for the moment, but it doesn't mean this can't surface again in the future.
"This has been traumatizing to her," Fitzgerald said of the accuser. "It’s obviously something that is a multiple defender case, and it would be a lengthy trial."
Fitzgerald said while the state has a responsibility to the community in prosecuting crimes, in special assault cases they also have to be cognizant of victims, in this case a young woman.
"We’ve discussed with her and her advocates and feel at this time it’s best for her to heal," she said.
The other thing to keep in mind is how this will affect Decapitated's ability to tour the United States. You can read Nergal's full statement below.
"4 months ago, Decapitated were accused of kidnap and gang rape – subsequently they were put in a County prison and later into a local jail…and the shit hit the fan! I recall the similar case of my friends from Satyricon/Keep of Kalessin who spent 2 months in a Canadian prison because someone accused them of rape.
It took 2 months of legal bureaucracy and the help of the Norwegian government to get them out. The accuser finally recanted the allegations, claiming it was a mistake. They never received compensation for financial losses or emotional trauma, just a brief apology and a document to prove their innocence (which they must always carry around with them).
Somehow, from the very beginning my intuition told me my friends from Decapitated would be just fine. Now, I’m not claiming to be a prophet but I’m an optimist and a good judge of character, I know these guys and I know they couldn’t/wouldn’t hurt a fly. They are now released and have had charges dropped (without prejudice).
It’s obviously a big relief to their families and friends, including myself. So…what’s next for their career after such severe defamation? What about their good name? What about their families? I hope they get their justice and strike back soon!!! And Justice For All? Well…not quite. But getting innocent people back home…HELL YES!
Last thing, friends – stay rational and reasonable and think carefully before you speak… and caste a stone at innocent people.
Welcome home brothers."
