Charges Dropped Against Kinison's Former BodyguardAP , Associated Press
Feb. 8, 1991 11:21 AM ET
LOS ANGELES (AP) _ A judge dismissed all charges in the retrial of a bodyguard accused of raping comedian Sam Kinison's girlfriend after she refused to testify again.
''We don't want to go through this twice,'' said Kinison, who accompanied his girlfriend to court Thursday.
The first trial of Unway Lemar Carter, 22, ended in a mistrial in October when jurors deadlocked on five federal charges of rape and sexual assault.
Prosecutors planned to try the case a second time but asked that the charges be dropped when the woman declined to take the stand again.
The 6-foot-4, 300-pound Carter, of Greensville, S.C., was charged with raping Kinison's girlfriend June 21 after bringing the couple home from a party. Kinison was asleep in another part of the house in Hollywood Hills during the alleged assault.
Kinison, known for his raunchy, screeching humor, testified he met Carter at a bar the night before and hired him as a bodyguard.
Carter testified that he went into a bedroom to comfort the 26-year-old woman, who had been arguing with Kinison about his drinking and infidelity. He said she consented to having sexual intercourse with him.
After the encounter, the woman testified that she found a gun and fired three times at Carter but missed.
Carter said he thought she was trying to shoot Kinison so he called 911. Police arrested him when they responded to the emergency call.