Charges have been dropped against a Derry man accused of raping a tourist in New York City.
Damien McGuinness (22) was arrested on August 11 for the alleged rape of a female he had met earlier that night, McGuinness who has been working as a bartender, has maintained his innocence from the outset.
Prosecutors said the female, who had accused the Derry man of sexual assault after she had consensual sex with his friend, had refused to testify in front of a grand jury. As a result the case was dismissed at a Manhattan Criminal Court yesterday.
“All charges have been dismissed this morning,” McGuinness’ attorney, Wyatt Gibbons said on Monday.
McGuinness is now waiting to be deported and is expected to return home to Ireland in the next two weeks.
His father Damien senior said his son is “over the moon”.
“He is delighted, he is bursting to get out and get home,” McGuinness told the Irish Voice, after just getting off the phone from speaking with his son.
“It’s a great relief for the family,” he said.
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The young man had recently moved to the U.S. from Derry and was quickly adjusting to New York life as a bartender in midtown Manhattan.
“He was anxious to get away and make a life for himself.
“He moved here under a year ago, he was managing a bar and doing really good, everybody loved him,” his father said, adding “his life was made over here”.
McGuinness first heard about the charges against his son, when he read it in the newspaper in Ireland, the day after Damien had been charged.
“When I first saw it in the paper I was gob smacked,” he said. The very next day he flew to New York, for his first trip to the U.S.
“On Saturday I opened the paper and I flew over on Sunday.”
Days later when he finally got to see his son the first thing he asked him was if he was innocent.
“He told me the story from start to finish without batting an eyelid and I knew he didn’t do this and he was innocent,” he told the Irish Voice.
McGuinness described the experience as a “nightmare” and said seeing his son behind bars was very difficult.
“If I could have swapped places I would have done,” he told the Irish Voice
“He held up rightly, he is a strong fellow and knew he was innocent.”
The father of six has since made several trips back and forth to Ireland over the course of the last six weeks and says him, Damien’s mother and his siblings are so relieved that his name has finally been cleared.
McGuinness paid tribute to all the people who have been so compassionate during this difficult time.
“Our family and friends have been brilliant, they have stuck by us and being supportive,” he said.
11 Comments
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Switch to the desktop site to post a comment.colin12 | Oct 14, 2011, 12:42 PM EDT
Well now he has to live with the knowledge that his family and friends know he's into sloppy seconds
Squabbler | Sep 28, 2011, 09:36 PM EDT
I live in the same neighborhood in NYC that Damien has lived in for the past year. I know him from a local restaurant/bar down the street from where I live. I have said from the beginning on 08/13 that the charges were impossible. He's incapable of doing anything even remotely akin to the charges. Those of us who know him have become quite fond of him, and I can't begin to express my relief at this good news. We are all sorry that we won't be seeing him again, but I'm so glad he'll be getting out of that hell-hole he's in now. He'll be missed here. Regards to his Mom also from all of us. Lee Johnston
kennedy23 | Sep 28, 2011, 05:06 PM EDT
Pittsburghkid you need a history lesson and you need also to learn not too type in cap lock .Please dont feel sorry for us Irish the USA is not the earth OK .as for the Kennedy name don't you dare insult it ............ Kennedys in the USA were killed in cold blood and paid a price for trying to form government Now back off !!!!!!!!!! as for Obama with comments like yours My God watch over him ...he needs it .
JohnnyMac | Sep 27, 2011, 09:20 PM EDT
Brilliant news! I hope the man will be able to make a good life for himself without anyone bringing up this unfortunate event again. Best of luck to Damien.
Pittsburghkid | Sep 27, 2011, 07:04 PM EDT
HE'S AN ILLEGAL ALIEN. I'M GLAD TO SEE THAT HE'S BEING DEPORTED. ALTHOUGH, I FEEL SORRY FOR IRISH TRYING TO IMMIGRATE TO AMERICA. OUR RACIST IMMIGRATION LAW FAVOR NON WHITES. YOU CAN THANK TED KENNEDY FOR THAT. EXCEPT THIS SITE LOVES KENNEDY, YOU EVEN THINK OBAMA IS GOING TO HELP YOU. DON'T HOLD YOUR BREATH. OBAMA USED IRELAND FOR A PHOTO OP, AND HAVE NO INTENTIONS OF HELPING THE IRISH OR ANY WHITE EUROPEANS.
kerryman201 | Sep 27, 2011, 06:07 PM EDT
CroughPatrick I enjoy your naivety! The entire service industry of NYC could not survive without illegal immigrants. They work long hours, with NO benefits. Yes some make good money, and most of them DO PAY TAXES contrary to popular belief, just under different people's social numbers. I'm delighted for Damien, I hope he makes it home safe to Ireland.
jed1982 | Sep 27, 2011, 05:31 PM EDT
He's being deported because he overstayed his holiday visa, some holiday!,Where was Michael Schofield and Lincoln Burrows when all this was going on! I hope T bag didnt get to poor auld Damien!
CroughPatrick | Sep 27, 2011, 05:14 PM EDT
He is getting deported because he overstayed his visa. If he was working in a bar, the owner of the bar should pay a penalty for hiring an illegal alien.
WoundedKnee | Sep 27, 2011, 03:15 PM EDT
Just out of interest, why is he being deported if there are no charges against him?
Oldwildrover | Sep 27, 2011, 11:29 AM EDT
Another lady has regrets when she wakes up and wonders what she did the night before....go figure...
errigal | Sep 27, 2011, 10:20 AM EDT
GREAT NEWS.