A jury of seven women and five men acquitted a 42-year-old Gardnerville man accused of sexually assaulting his former girlfriend's 13-year-old son.
Ronald John Smith was found innocent on four counts of sexual assault against a child under 14 by the jury, which deliberated for 13 hours before returning a verdict at 4:30 p.m. Tuesday.
Jurors were in tears as they left the courtroom. Smith was ordered immediately released from custody after being in Douglas County Jail since his arrest in September.
Prosecutor Tom Gregory said he was disappointed at the outcome of the trial.
"It's always tough because you respect the jury system," he said. "I would be lying if I said I wasn't extremely disappointed, especially on behalf of the victim."
If convicted, Smith could have faced life in prison.
The jury was selected April 16 and testimony began April 18.
In closing arguments Monday, Gregory told the jury they could convict based on the boy's testimony alone, but said that other witnesses corroborated the child's story.
Defense lawyer Laura Grant pointed out inconsistencies in the boy's story and argued that evidence could have been tampered with or planted because the sheriff's office failed to protect the alleged crime scene.
"Does it make sense to you that this child was capable of an Academy Award performance all last summer making everyone have absolutely no concerns about his behavior?" Grant asked. "On Sept. 4, things began to change. Why? I'm not going to begin to tell you why.
"The defendant believes and I believe the evidence has failed beyond a reasonable doubt to prove my client has done anything of a sexual nature to this boy," Grant said.
Gregory argued that the defense was unable to offer motivation for the boy to bring false charges against Smith.
"What drives a stake in the heart of their defense is a lack of motive," Gregory said. "He (the victim) didn't win a trip to Disneyland by bringing all this forward. He was interviewed for hours and examined. He was prodded and probed. Most importantly, he lost his father figure."
What Grant argued was Investigator Aaron Crawford's repeated visits to the residence until he found evidence which backed the boy's story, Gregory called diligence on the part of the officer.
"He went back time and time again to collect evidence," Gregory said. "The idea he somehow planted evidence defies logic."
He agreed the boy mixed up some details of his allegations, such as dates and times.
"He never said the sexual assault didn't happen," Gregory said.
Smith has been in Douglas County Jail since his arrest last September.
