SANDPOINT — Rape and felony assault charges have been dismissed against a Bonner County teen who was being prosecuted as an adult, court records show.

Payton James Cox was charged after allegedly pointing a loaded shotgun at two teenage girls during a Super Bowl party at an Oden-area home in February. Cox, 17, allegedly sexually assaulted one of the girls after the shotgun incident, according to court documents.

The alleged rape victim, 14, told Bonner County sheriff’s investigators that Cox forced himself on her despite her protests, court records indicate.

During a preliminary hearing on Wednesday, one of the teens who had the gun pointed her testified that she was not threatened by Cox’s gesture and viewed it as a joke, which was consistent with her statements to investigators. However, she walked back an earlier statement in which she recalled Cox drawing the weapon down on the other teen and testified that she did not witness that act, according to court records.

The alleged rape victim was called to testify, but ultimately did not, court records indicate. A brief recess was called and when court resumed, Bonner County Deputy Prosecutor Nick Lapire moved to dismiss the charges without prejudice because the state was unable to proceed.

Judge Debra Heise granted the motion, according to court records

The nature of the dismissal allows the state to re-file the charges.

Lepire did not immediately respond to a request for comment on Friday.

Keith Kinnaird can be reached by email at kkinnaird@bonnercountydailybee.com and follow him on Twitter @KeithDailyBee.