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 LOUISVILLE, Ky. — The allegations against Robert Lee Smothers could not have been more gruesome. 

Louisville police accused Smothers and an accomplice of kidnapping a couple at gunpoint, forced them to strip naked and eat dog food. Then they tortured one of them, Jeremy Lind, cut out his tongue, wrapped it in foil and shoved it in his mouth, choking him to death, they said. 

According to a citation, Smothers then made Lind’s girlfriend watch and clean up his blood — and kept her alive so he could use her in human trafficking.  ANDIEZ Cat Window We'll Be Watching You Poster

Smothers, 40, and Samantha Lee Johnson, 32, were charged in January with murder, kidnapping, assault and abuse of a corpse, among other counts, with each ordered to be held on $1 million bail. 

But on Thursday, Jefferson District Judge Jennifer Wilcox signed an order releasing Smothers on his own recognizance. 

And prosecutor Critt Cunningham said the charges will be dropped because the commonwealth no longer thinks Smothers did the crime.

Smothers was released at 1 a.M. Friday from the Jefferson County Jail.

More: Third suspect charged after Louisville man was kidnapped, tortured and murdered

Darren Wolff, Smother's appointed counsel, said it was “outrageous” that Smothers was charged but thankful the mistake was corrected now rather than after he served years behind bars, or possibly received the death penalty. 

Wolff said two witnesses identified Smothers as the perpetrator, but they were shown only a single photograph of him, rather than an array of photos, which is a standard practice to avoid erroneous eyewitness identifications. 

Cunningham said "a lot of things pointed" in Smothers' direction but as the investigation went on, "a couple of things didn’t sit right."

He said police "to their credit kept grinding and got to bottom of it."

Homicide Detective Christopher Palombi wrote in a citation Smothers and Johnson awoke Lind and Nicole Michelle Dorsner-Shipton from their sleep Sept. 27, took them to an undisclosed location and beat them, “depriving them of their basic human rights.” 

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