LOWELL -- A judge has dismissed a rape charge against a 54-year-old Chelmsford man, although David Meltzer is still facing an assault and battery charge even though the victim told the judge he didn't want to pursue the case.

In Lowell District Court on Monday, Judge Thomas Brennan dismissed the rape charge for lack of prosecution.

"This to me is one of the most hideous crimes against anyone and I professed my innocence from the very beginning,'' Meltzer told a Sun reporter in an email.

Meltzer made headlines in last October when he missed the first step leading down to the Lowell District Court lockup and tumbled down the stairs to the basement lockup shortly after his arraignment on an assault charge.

The victim in the assault case was also in court on Monday telling the judge he wanted the restraining order against Meltzer vacated and he didn't want to pursue the case against Meltzer. Prosecutors declined to drop the assault charge, so the judge set a trial date of April 8, 2014.

Prosecutors state that on Oct. 27, Chelmsford police allege Meltzer flew into a drunken rage and got into a fight with a friend's son after the son told Meltzer to move out.