Jury doesn't convict man charged with sexual assault of a child
May 17, 2011 at 12:17 a.m.
The trial of a Victoria man charged with aggravated sexual assault of a child resulted in the acquittal, abandoment or mistrial of the 12 indictments brought against him.
The state abandoned three of the counts against Charles Ray McCurdy, 39.
A jury Friday found McCurdy not guilty on five of the counts and was hung on four of the counts.
A mistrial was declared on the four counts for which the jury was unable to make a decision.
"The state will consider presenting an indictment re-alleging the abandoned counts and will prosecute again on the three counts on which the jury was hung," District Attorney Steve Tyler said in an email.
McCurdy's attorney, Micah Hatley, of Victoria, said he and his client were pleased with the not guilty verdicts.
"I'm disappointed that they couldn't come to a decision on the other counts, but I certainly respect the jury system and the hard work that the jury has put out," Hatley said.
Assistant District Attorney Eli Garza prosecuted the case.