Durham DA drops cyberstalking charge against NC TikTok star Brenay Kennard
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- Durham County DA dropped the cyberstalking charge for insufficient evidence.
- Montague's complaint said Kennard harassed her online and showed up at locations.
- A jury found Kennard liable for alienation of affection, ordered her to pay $1.75M
The Durham County District Attorney’s Office dropped a cyberstalking charge against North Carolina TikTok influencer Brenay Kennard Wednesday due to insufficient evidence, court records show.
Kennard was charged in September 2025 with permitting an electronic device to be used “for the purposes of causing mental and emotional stress to” Akira Montague, according to the arrest warrant, The News & Observer previously reported.
Montague wrote in her complaint that Kennard was harassing her online and showing up at locations “that do not pertain to her.”
“Kennard constantly mentions my name as well as posts my name and answers questions pertaining to my personal life and pending cases,” Montague wrote.
In a Thursday morning statement, Kennard thanked “everyone who stood by me” and said she “endured false allegations, harassment, and hardships that never should have happened” the past two years.
“Today, the case has been dismissed after significant evidence came to light, confirming what I have said all along,” Kennard wrote. “While this situation has taken a tremendous toll on me and my husband, I remain grateful that the truth ultimately prevailed.”
Later Thursday, Robonetta Jones, Montague’s lawyer in civil matters, issued a statement, to “express my client’s profound concern” about the DA’s office dropping charges against Kennard.
Jones alleged that the DA’s office did not contact Montague until the day before the trial was to take place.
Jones said the Durham DA’s office “made no discernible effort” to get more evidence than what Jones’ office had provided. The office also didn’t identify relevant witnesses, prepare Montague as a witness or seek the specific documentation to secure a conviction, Jones alleged.
Jones maintained the validity of the cyberstalking charge, writing that Montague and her family fear for their safety and Kennard’s alleged harassment is “plainly visible to the online community.”
“Ms. Montague feels as if she is being prejudiced because of the publicity of this high-profile case,” Jones wrote.
The N&O left a voicemail message for Durham County District Attorney Satana Deberry on Thursday requesting comment on why her office dismissed the charge and a response to Jones’ statement.
Kennard still must pay Montague in civil suit
At the time of the cyberstalking charge, Kennard and Montague were awaiting trial in an alienation of affection lawsuit Montague filed in 2024. North Carolina is one of a handful of states where a person can sue someone for having an affair with their spouse.
In November a Durham County jury found Kennard liable for alienation of affection and ordered her to pay $1.75 million to Montague, The N&O previously reported. Kennard appealed the decision to the N.C. Court of Appeals on Jan. 14.
Kennard is now married to Akira Montague’s ex-husband, Timothy, and goes by Brenay Montague. She is a lifestyle content creator who posts “get ready with me” videos, cooking and makeup tutorials and food reviews known as mukbangs. She lives in the Wake County town of Wendell.
This story was originally published May 7, 2026 at 1:42 PM with the headline "Durham DA drops cyberstalking charge against NC TikTok star Brenay Kennard."