Fulton County family upset after rape case dropped

ATLANTA - A family is outraged that the Fulton County District Attorney has dropped a rape case.

The sexual assault dated back to January of 2014 when Atlanta was paralyzed with a snowstorm. The roads were impassable. A 24-year old woman called 911 after she said Marcella Woodard assaulted her in her Cascade Road apartment. She said she dialed 911, but police never came because of the inclement weather.

Now, the family believes this dismissal victimizes them again.

"I know this is an injustice. They said they had a good case, they could pursue it, but at this time it would be better to drop it than pursue it, that's the way they put it. No explanation at all," Rev. Jacob Moxey complained.

The victim is now 29 years old. Her family said she is partially blind in one eye because of the attack and still has nightmares. She fought back tears as she talked to FOX 5 News about the attack.

"How many people just gave up? How many people got discouraged in the middle of the fight and just stopped? I kept going," the victim wept.

The Fulton County District Attorney's Office said the case had evidentiary issues that his office worked countless hours to overcome, but could not. A statement from Paul Howard’s office reads in part:

"It is always a difficult decision not to move forward with a rape prosecution. Justice, however, demands that prosecutors must always be governed by the facts inherent in each case."

The Maxey's are not satisfied. They plan to file a complaint against Mr. Howard and the DA's office. They also plan to take out a restraining order against the accused because they fear he may try to find the victim again.