MCCLAIN COUNTY, Okla. (KFOR) – There's a new update in the case against Oklahoma City police officer, Ryan Stark. Last year, Stark was accused of rape, kidnapping, and domestic assault and battery. On Tuesday, the state dismissed the case. Stark has been on unpaid administrative leave since last year, but with his alleged rape case now dropped, his attorney hopes Stark can start working again soon. OKCPD officer appears in court on rape, kidnapping charges "I just think that maybe the district attorney's office investigated it a little more and figured that they couldn't pursue charges in that matter," said Kylee Johnston, an attorney at Lopez and Johnson. A preliminary hearing was scheduled for Tuesday morning, but the entire case ended up being dismissed by the state. The newly-filed court documents explain the state obtained new evidence and the charges were dropped against Stark. Last year, he was arrested after a woman claimed Stark "choked her, squeezed her, spat in her face and spat gum in her hair." In the affidavit, the victim told police he held his gun at her head and placed it into her mouth before raping her. OKCPD Sgt. arrested for rape, kidnapping charges in McClain County The victim also filed a protective order against Stark last July, but that was also dismissed in December. News 4 tried to go to Stark's home, but no one was there. To prepare for the preliminary hearing on Tuesday, his attorney was getting police reports when she learned of the state's decision. "That's when I was informed that the state was going to be announcing that this will be dismissed this morning," said Johnston. Johnston believes the case was always a "he said, she said" situation. "I think they just took it based off her word. And I don't know if it was ever investigated, but I can't say for sure," said Johnston. Protective order sheds new details on rape, weapons allegations against OKC police officer Stark's attorney is thankful the case was dismissed. "He was very happy when I told him last week and then today we start the process of getting expunged and then the next procedures to get his job reinstated," said Johnston. The District Attorney's office sent News 4 a statement. We have dismissed the charges against Ryan Stark following the victim's decision not to cooperate in this case. After a thorough review of the available evidence, including information discovered after the charges were filed, we determined that we cannot meet the burden of proving the case beyond a reasonable doubt without the victim's participation. While this decision reflects the evidentiary challenges inherent in such circumstances, it does not diminish the seriousness with which we approach these matters. We remain committed to pursuing justice in a manner that is fair, thorough, and respectful of all parties involved. District Attorney's Office, District 21. Cleveland, Garvin, and McClain Counties