GEORGETOWN, Del. (AP) - The case against a 21-year-old man charged with ambushing, detaining and raping a 21-year-old woman has been declared a mistrial.
The News Journal of Wilmington reports that police say Joshua Abele confronted the woman with a handgun, that turned out to be a BB gun, when she returned to a Rehoboth Beach residence before raping her last June.
Judge Richard F. Stokes declared the mistrial Monday when the jury failed to reach a verdict.
Abele’s attorney, Edward Gill, says the incident was consensual.
Police initially charged Abele with first-degree rape and first-degree kidnapping, among other charges. Gill says the kidnapping charge was dismissed due to insufficient evidence and the rape charge was downgraded to second-degree.
Department of Justice spokesman Carl Kanefsky says state prosecutors are unsure about retrying the case.
___
Information from: The News Journal of Wilmington, Del., http://www.delawareonline.com
Please read our comment policy before commenting.