A judge on Monday afternoon threw out an attempted rape conviction against former Chattanooga Police Sgt. Gerry Davis.
Judge Jon Blackwood agreed with defense attorney Lee Davis that all charges should be dismissed based on an expired statute of limitations.
A Nashville jury had found Davis innocent of rape, but convicted him on attempted rape.
Attorney Davis said the statute of limitations on rape is eight years, and the incident occurred seven years ago. He said a rape conviction could have been sustained.
But he said the statute of limitations on attempted rape is four years.
Attorney Davis said the statute of limitations on attempted rape "expired nearly three years prior to State filing the indictment."
Prosecutor Neal Pinkston said an appeal has been submitted to the attorney general in Nashville. He said he is waiting to hear if the state will go along with an appeal.
Attorney Davis said he believes that the ruling will stand because the judge ruled in accordance with the law.
Prosecutor Pinkston said he believes that changes need to be made in the law.
Davis remains in federal custody as he serves a term for extortion. He got 18 months in that case. He was fired from the city police department after his arrest.
He had been promoted to sergeant by former Chief Jimmie Dotson.