COLUMBUS (AP) — A grand jury has decided not to indict four Fort Benning soldiers who were arrested last month after being accused of gang raping a 21-year-old woman at a motel.

Justin Brummett, 22, of Emporia, Kan.; Steven Krienke, 20, of Federal Way, Wash.; and Aanoalii Filoialii, 23, of Tacoma, Wash., had been held in the Muscogee County Jail for 46 days before their release Wednesday.

Clint Martz, 20, of Fort Benning, was released on bond March 9. He was charged with sexual battery and burglary.

Brummett was charged with rape, false imprisonment and three counts of aggravated sodomy in the case. Krienke and Filoialii were charged with rape and aggravated sodomy.

But the Muscogee County grand jury declined to indict any of the men on the rape charges, choosing only to indict Martz for the burglary of the woman’s room at the Super 8 Motel in Columbus.

“That case will be prosecuted,” Assistant District Attorney Michael Craig said of the burglary charge. “The rest of them don’t exist. I think the grand jury has spoken, and they have the final say.”

Craig said he would not try to re-indict the men.

The woman who accused the four claimed she initially met the soldiers in the lobby of the motel one evening. She refused an invitation to join their party, and later said Martz was digging through her purse in her room when she had left to buy a soda.

She said that later, another soldier asked if he could apologize for his friend’s behavior. She went to his room, but when she tried to leave a man slammed the door shut, picked her up and began raping her. Several other men also raped her, she claimed.

“They never denied the encounter occurred,” said Susan Henderson, who represented Krienke. “The matter was if it was consensual. These guys were extremely honest, extremely forthcoming about what happened that night.”

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