URBANA — A Champaign County prosecutor has agreed to dismiss sex charges against two men accused of unwanted sexual contact with a disabled University of Illinois female student.
Assistant State's Attorney Troy Lozar said he agreed to dismiss Class X felony charges of aggravated criminal sexual assault against Brian O'Donnell, 21, who is also disabled, and his caretaker, Thomas Roman Jr., 21, of Champaign.
Both men had been charged early last month after an encounter Aug. 31 that happened in O'Donnell's room at Nugent Hall, 207 E. Gregory Drive, C, where O'Donnell and the woman lived.
Roman, who is able-bodied, was alleged to have put the woman on top of O'Donnell in his bed, where the alleged sexual contact occurred.
Assistant State's Attorney Troy Lozar said he had a lengthy conversation with the woman before arriving at his decision not to prosecute O'Donnell or Roman.
"I can't go into specifics but the evidence was not sufficient for a reasonable likelihood of conviction," Lozar said,
Urbana attorney Tom Bruno, who represents O’Donnell, said his client and his family were grateful for Lozar’s reconsideration.
“This was a private, personal matter that people who were not privy to became involved in and misunderstandings followed from that,” said Bruno. “I’m grateful the state’s attorney’s office did the right thing.”
UI records show that O'Donnell, who was a senior, is no longer enrolled at the UI. Roman was not a student. The woman is still enrolled.