Charges dropped against 1 of 6 Winter Springs H.S. students accused of gang rape

One of six Winter Springs High School students who are accused of gang-raping a 16-year-old girl in the woods is no longer facing charges in the case.

Channel 9 learned that charges were dropped against Torreano Batton, who is 18 and was the only adult arrested.

Batton's public defender, Jeff Dowdy, said Batton never forced the 16-year-old into sex.

"Mr. Batton, as we have maintained from the first day, is not on that video," said Dowdy. "He was not part of the group."

The five other suspects, all juveniles, have officially been charged with the alleged rape in a patch of woods near the high school on Nov. 13.

Josea Sims, 16, faced a judge on Tuesday with his attorney and mother by his side. Tywuan Johnson, 16, and Tolbert Alexander, 14, waived their right to appear in court. All three of them have entered not guilty pleas.

Deonte Stewart, 17, and Marquis Pierre, 17, are being charged as adults. Their attorneys tried to get them bond on Tuesday, but the judge told them they needed to have a hearing in front of Circuit Judge Donna Macentosh, who has jurisdiction.

"It's not going to stop us from filing a bond motion and setting this in front of a circuit court judge and having a bond hearing on it," said defense attorney Encid Bano.

Until then, the 17-year-olds will stay in a separate part of the Seminole County Jail, away from the adult population.

The victim told police she was raped by three of the students as she walked with them to a nearby McDonald's. She then told police she was raped again by two more students as she attempted to walk back.

"Right now, she is cooperating with us. Her mother is cooperating. She has been a champ given the circumstances of what she has been through," said Winter Springs Police Chief Kevin Brunelle.

Three of the suspects told police the sex was consensual, but according to an arrest report, the victim said she recorded the rape on her cellphone and the video tells a different story.

If convicted as charged, the two juveniles being charged as adults face a maximum of four years in the adult prison system.  The other three could be placed in a juvenile facility until age of 19.