David Jeffrey McKee a hockey player for Allen American hockey team in Texas has plead not guilty to rape of an unconscious person and is out on his own recognizance.

Orange County prosecutors re-filed a felony charge of rape of an unconscious person after O.C. Superior Court Judge Patrick Donahue dismissed an early case with the same allegations. Judge Donahue stated he was dismissing the case due to inconsistent statements made by the alleged victim over whether she was drunk or unconscious at the time of the assault.

McKee and the alleged victim met at a bar on July 12, 2006 when he was in town attending a NHL event. After the bar closed, McKee and his friends went to the beach house of the alleged victim where she accuses McKee of sneaking into her room and raping her while she was unconscious.

McKee is due back in court May 4, 2010.