CHILLICOTHE- A motion to dismiss without prejudice from the Ross County Prosecutor's Office has been signed by Judge Michael Ater, dismissing the final count in Mark R. Detty's eight-count indictment.
However, the case is dismissed without prejudice, meaning that the case can be brought back up again should the prosecution decide to refile.
Detty was originally indicted on eight counts, including three counts of rape, a first-degree felony, four counts of sexual battery, and one count of gross sexual imposition, all third-degree felonies.
Charges stated that the victim in the case was 12 and older during the time the alleged offenses took place, between 1999 and 2003.
In February, a Ross County jury found Detty not guilty on all but one count of sexual battery, which the jury was deadlocked on resulting in a hung jury.
Part of the prosecution's evidence included a photo showing a mole the woman testified that she recalled on Detty's genital region.
Detty's attorney Nicholas Vassy contended that she may have found out about it from someone else who Detty had an intimate relationship with.
Ross County Assistant Prosecutor Cynthia Schumaker filed to retry Detty on the remaining count, but then filed a motion to dismiss the night before the trial was to begin.
The motion was granted by the court.
In the motion, Schumaker stated that Detty's accuser had been uncooperative with the prosecution.
In anticipation of the scheduled jury trial, employees of the Ross County Prosecutor's Office attempted to contact the accuser to review the case and prepare for trial.
The accuser failed to answer several phone calls and emails sent to her by members of the Prosecutor's Office, according to the motion.
The prosecutor's office has also been unable to personally serve a subpoena to appear at the scheduled jury trial, meaning that the State cannot compel her attendance at trial.
"The compilation of these situations leads the State to begrudgingly request that this case be dismissed without prejudice for the reason that the victim failed to cooperate with the prosecution of this case and the State was unable to effectuate personal service of her subpoena to testify at trial, thus rendering the State unable to prosecute the defendant at this time," Schumaker wrote in the motion.
The case would have been the third trial in a year for Detty. In August of 2019, Detty was acquitted of seven counts of sexual battery against an accuser who was 16 and older at the time of the alleged offenses.
Vassy declined to comment at this time.
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Contact Justin at jreutterma@gannett.com or 740-542-2982. Follow him on Twitter @jayreutter1
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