Jury finds man not guilty in sexual assault case
Jul. 15—PRINCETON — A Mercer County jury found a man charged in 2020 with first-degree sexual assault and sexual abuse by a parent, guardian, custodian or person of trust not guilty Wednesday of both charges.
Robert Avon Hurst II, 32, of Princeton was arrested in May 2020 after an investigation that started when Mercer County deputies were dispatched to Princeton Community Hospital about a female juvenile who was less than 12 years old, Detective Sgt. S. A. Sommers of the Mercer County Sheriff's Department said after the arrest. After being advised of his Miranda Rights and waiving them, Hurst provided a statement and denied the allegations.
The child's mother said she had confronted Hurst about abusing the female, and he stated "that it did not happen and to prove it," according to the criminal complaint.
The trial began Tuesday before Circuit Court Judge William Sadler. In the prosecution's opening statement, Assistant Prosecutor David Pfeifer, who represented the state with Assistant Prosecutor Lauren Lynch, said "it's a very simple case."
Pfeifer said that the juvenile would testify and describe how Hurst had taken her into a bedroom while her mother was showering, closed the door, pulled down his pants and compelled her to have oral sex. The juvenile, who Pfeifer called "intelligent and brave," later testified and described what happened to the jury in detail.
The mother last testified that Hurst "started acting funny," continued to act strangely after she finished her shower and would not say what was wrong. When cross examined by attorney Derrick Lefler, who represented Hurst, she was asked if her relationship with Hurst was "tumultuous" at times. She replied that they argued sometimes.
Detective-Sergeant S.A. Sommers of the Mercer County Sheriff's Department said while Pfeifer questioned him that the investigation corroborated the juvenile's statements. A forensic interview was conducted at Mercer County Child Protect. Sommers said there were no indications that the juvenile had been coached to make the allegation.
On cross examination, Lefler asked Sommers why no evidence such as DNA had been collected at the bedroom. Sommers replied that by the time the juvenile's forensic interview was conducted, 12 days had passed and there were issues with the viability of any DNA and custodian issues.
Lefler said that there have been cases when DNA was collected off evidence such as knives several years after a crime. Sommers replied that such items are stored in controlled environments.
After deliberating Wednesday, the jury found Hurst not guilty on both charges. If found guilty, Hurst would have been facing a possible sentence of 25 to 100 years in prison on the first-degree sexual assault charge, and 10 to 25 years on ssexual abuse by a parent, guardian, custodian or a person in a position of trust to a child.
"I am very proud of the young victim in this case for standing up and telling the truth, and I am also very proud of our office's hard work and preparation," Prosecuting Attorney Brian Cochran said. "It will not be an easy job that we do, but we will continue reviewing these cases to make sure we only prosecute people we truly believe are guilty. However, ultimately, it is up to the jury, made up of people in our own community, who have the final say so in what is right and what is wrong.
Cochran said that his office "vehemently disagreed with the verdict in the case, but also respected the jury's verdict "since this is the system we all abide by.
Cochran said that the prosecuting attorney's office "will not prosecute someone without us truly believing, after through investigation, that the person is guilty."
"My office will continue to prosecute the criminals we believe deserve to be prosecuted and will let our community continue to make the final decision on what is or is not acceptable here in Mercer County," he said.
— Contact Greg Jordan at gjordan@bdtonline.com
