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FORT WORTH (CBSDFW.COM) – Ellan Thomas, who was arrested on accusations of sexually assaulting a woman in a Southlake restaurant last September, was no-billed Wednesday by a Tarrant County grand jury.

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That means the grand jury did not find sufficient evidence to send the case to the District Attorney for prosecution.

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Thomas’ attorney, Christy Jack said, “We are grateful to the grand jury who recognized that there was insufficient evidence to proceed to trial. We appreciate the time and attention they paid to this matter. This is a just result and is the first step to clearing his name.”

Police were called to Gloria’s restaurant in the 1100 block of Southlake Boulevard, where a woman told them a man assaulted her in the bathroom and took off, according to a Southlake Police Department news release.

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Police at the time, identified the suspect as Ellan Brian Thomas, 42, secured a warrant for his arrest and charged him with sexual assault.