No rape charges against Cody Even Cheyenne Kackley

Cody Even Cheyenne Kackley (Siloam Springs (Okla.) Police Department)

No charges were filed against a 35-year-old former police officer from Oklahoma accused of driving an intoxicated woman from a casino to her home and sexually assaulting her in a bedroom before her brother walked in.

Prosecutors indicated this week that the encounter between Cody Even Cheyenne Kackley and the woman might have been consensual, and the case was removed from the court docket.

“The law gives me a clear duty to pursue charges when there is evidence of a crime and a clear duty not to pursue charges when evidence is insufficient to prove a crime,” Benton County Prosecuting Attorney Nathan Smith said in a statement emailed to Law&Crime. “During the course of our investigation, it became clear that there was reason to believe that this sexual encounter may have been consensual. Because of this, I was not convinced beyond a reasonable doubt that a crime had been committed. Since I chose not to pursue charges in this case, I agree with the Judge’s decision to remove it from the criminal docket.”

No rape charges against Cody Even Cheyenne Kackley

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