A Russell man was found not guilty on Tuesday on all charges relating to attempted rape during a one-day jury trial.

Rodney Allen Gage, 26, had been charged with criminal attempt – rape, indecent assault, terroristic threats, simple assault and indecent exposure after an alleged incident in the early hours of July 1, 2014.

The complainant testified that late on June 30, 2014, Gage and two other friends came to her apartment to watch movies. She testified that when the friends left after midnight, Gage asked if he could return – to which she said no.

After 2 a.m. on July 1, the complainant testified that Gage knocked on her door and asked to use her phone which she allowed. She testified that “he smelled of alcohol” and that Gage had gone to a local bar with the other friends.

She testified that there had been a struggle and Gage had removed her clothes and tried to force himself on her, telling her that if she said anything he would kill her.

City of Warren Police Sgt. Jeff Dougherty testified that the complainant had come to the police department on July 2 to report the incident before going to the Warren General Hospital emergency room to be seen. Dougherty testified that he collected a pair of shorts, a tank top and the underwear the complainant was wearing from the apartment that day and sealed the evidence bag.

Gage’s attorney, Joan Fairchild, questioned the complainant about the photos of her living room where the incident was reported to have taken place and why, if there had been the struggle the complainant described, there wasn’t a mess.

The registered nurse who saw the complainant at the ER testified that she had bruising to her face, buttock, calf and a scratch on her inner thigh. Fairchild asked if those could have occurred in ways other than what the complainant described, to which the nurse said they could potentially have.

City of Warren Police Detective Anthony Chimenti, who was referred to the case by Dougherty, testified that the lack of forensic evidence in the case came as there was no penetration reported. He testified that the clothing would have “absolutely” been tested if they thought there was DNA on it.

Fairchild asked why the complainant would have showered and why she wouldn’t have kept evidence for police.

“When a person experiences something like this … they don’t think like police. They try to wash it away,” Chimenti said. He testified there was no evidence that Gage had gone to a bar that night.

Gage took the stand and testified that he never went anywhere after he left the complainant’s apartment but straight back to his own where he checked emails and went to bed. He testified that he learned of the allegations the next day.

“I was confronted by some of her friends,” he testified.

Assistant District Attorney Caleb Gnage asked if Gage had any contact with the complainant after he left that night to which he said no. Gnage presented a message Gage sent to the complainant that said “that’s [expletive] up idk how you could say something like that…”

Gnage questioned how the jury could believe Gage’s testimony, to which Gage said he had forgotten about the message.

“Is your memory better about the assault?” Gnage asked.

“There was no assault,” Gage said.

“You’re calling her a liar?” Gnage continued.

Gage answered, “Yes, sir.”

“This is a case of he-said, she-said,” Fairchild said in her closing statement. “There’s no evidence … her ‘she-said’ doesn’t make sense.”

“Would it be nice to have forensic evidence? Absolutely,” said Gnage. “She has no reason to lie on the stand. If she had any motivation at all, it was to not come forward.”