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Hearing continued for ex-officer accused of rape

Updated: Tuesday, January 14 2014, 11:20 AM EST


The preliminary hearing for a former Barnesville police officer accused of raping a mentally disabled woman has been continued.

Gary Stephen was scheduled to appear in court on Tuesday, but the hearing was rescheduled to Jan. 21 at 1 p.m.

Officials confirm that Stephen lost his job as a Barnesville police officer in the 1990s after he was convicted of gross sexual imposition.

Stephen is currently the Barnesville VFW post commander, according to Barnesville Police Chief David Norris.

A second suspect, Robert Smith, is scheduled to appear in court on Jan. 28.

Officials said Smith went to the grocery store where the woman works and she carried Smith's groceries out to his car. At that time, Smith allegedly touched the woman inappropriately.

Both men are charged with first-degree felony rape for the Nov. 7 allegations -- officials said that due to the woman's mental state, she cannot consent to sexual intercourse even if she wanted to.

Additionally, Stephen is charged with one count of gross sexual imposition and Smith is charged with two counts of gross sexual imposition. Smith's charges stem from the Nov. 7 and Dec. 26 allegations.

Stay with NEWS9 and for continuing coverage.

Hearing continued for ex-officer accused of rape

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