CHRISTIANSBURG, Va. — A judge has dismissed a rape charge against a Blacksburg man who was accused of sexually assaulting his wife’s friend in his own bedroom with his wife sleeping nearby.

The Roanoke Times reports that Judge Marc Long granted a defense motion to throw out the case against Eduardo Ventura-Rios Wednesday — in the middle of his trial — saying he questioned the credibility of some prosecution witnesses.

The charge against Ventura-Rios stemmed from a cookout at his family’s home last April.

His accuser testified that she fell asleep and awoke later to find someone having intercourse with her. She said she saw Ventura-Rios’ wife asleep on the floor in a pile of clothes and Ventura-Rios also on the floor, at the foot of the bed and rolled in a blanket.

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