NEW PHILADELPHIA (WJER) (Feb. 7, 2024) – The Bolivar man accused of sexually abusing a child he was babysitting will get a second trial after his first resulted in a hung jury.
Tuscarawas County Prosecutor Ryan Styer says they’ll make another attempt to convict 25-year-old Justin McCauley of gross sexual imposition.
“When we try this case again, we would have to put on evidence, and it would be maybe not exactly the same but substantially the same as the evidence we put on for this trial.”
Last week in Common Pleas Court, Assistant Prosecutor Kristine Beard laid out the state’s case against McCauley, characterizing the alleged crime as an ongoing course of conduct. The former daycare worker and Tusky Valley student teacher testified in his own defense during the nearly weeklong trial. But after deliberating for more than 10 hours the jurors were unable to reach a unanimous verdict (prompting Judge Michael Ernest to declare a mistrial).
“Yesterday at about 4:30, Judge Ernest polled the jury, determined that they were deadlocked and felt that they were at an impasse and could not come to a unanimous verdict, and essentially declared that it was a mistrial.”
McCauley was originally indicted on another GSI count for a second child sex abuse allegation but asked to be tried on each separately and was acquitted of the other last October.