Attorneys ask judge to dismiss Gastonia rape case

GASTONIA — On Tuesday attorneys for an accused rapist asked a judge to dismiss charges against him, claiming he is not mentally competent to stand trial.

Darrell Gore Jr. has been in custody for nearly five years, after police say he forced his way into a neighbor's house and raped her.

His accuser, who wishes to remain anonymous, spoke to Eyewitness News reporter Ken Lemon. She was in court Tuesday for the first time since the 2009 incident. She talked about why she decided to face him again.

Police say on the day of the incident she fired a warning shot at him and used a knife, but Gore wrestled the weapons away and raped her.

"I will not be a victim," the accuser said. "I want justice."

She came to court Tuesday because Gore's attorney wants the charges dismissed. Gore has spent the last four years at Broughton, a psychological hospital in Morganton.
"He knows the word rape. It is unclear if he knows what rape means," said clinical psychologist Karen Swaim.

Hospital employees testified Gore is violent and quick tempered.

Gore spoke up when court officials talked about where he could go if the case is dismissed.

"I got home to go to. I live in Gastonia," Gore said.

His accuser said she almost threw up when she heard him say that. She still lives near his family in Gastonia and does not want him to come back.

Defense witnesses said Gore is too violent to stay at Broughton, but there is no way he will be sent home.

The prosecutor said if there is no long-term plan to house him dismissing charges would be a big mistake.

The district attorney's office said psychologists need to do more work to help Gore understand the charges. They and the accuser want to see him stand trial.

The judge will submit a written decision within the next week.

WSOC