State dismisses child rape charges after mistrial

The state has dismissed charges against a Jacksonville man accused of raping a 4-year-old girl.

Juan Javier Tyler, 31, stood trial for the alleged crime in November, but no verdict was rendered.

After a weeklong trial and seven and a half hours of deliberation, an Onslow County jury could not reach an unanimous decision. N.C. Superior Court Judge Jack Jenkins ordered a hung-jury mistrial.

Tyler faced charges of rape of a child, first-degree sex offense of a child, indecent liberties with a child and sexual battery. He was originally charged by the Onslow County Sheriff ’s Office with multiple counts of each charge.

Tyler was arrested in 2008 after being accused by the child. Detectives videotaped interviews with the child, but the recordings were inaudible, prosecutors said in their motion to dismiss.    Assistant District Attorney Michele Morton, who prosecuted the case against Tyler, said she interviewed jurors after the trial and learned that the final count was 10-2 not guilty.

“For the above stated reasons, the State of North Carolina cannot prove the above offenses beyond a reasonable doubt,” Morton said in the motion.

Jacksonville lawyer Ed Bailey represented Tyler. Bailey declined comment, and Tyler could not be reached.

Contact Daily News Senior Reporter Lindell Kay at 910-219-8456 or lkay@freedomenc.com. Read his blog, “Off the Cuff,” at onslowcrime.encblogs.com. Follow him on Twitter and friend him on Facebook @ 1lindell.