A felony sexual assault charge against a former Rite of Passage resident was dismissed Tuesday for a lack of evidence.
Douglas County District Attorney Mark Jackson and deputy District Attorney Kris Brown asked Judge Michael Gibbons to dismiss the charge against 19-year-old Aurelio Cardenas who had been in custody on $250,000 bail since he was arrested in February at a juvenile detention facility in Santa Clara, Calif.
Cardenas was accused by a 16-year-old boy of sexual assault while both were residents of a Rite of Passage house for juvenile offenders on East Valley Road.
At a preliminary hearing last month, the boy admitted he lied about such assaults in the past but that he was telling the truth about Cardenas.
East Fork Justice Jim EnEarl bound the case over to District Court on what he said was marginal evidence.
Cardenas pleaded not guilty to the charge and the case was set for trial in August.
The district attorney's office said subsequent investigation produced no additional evidence to corroborate the alleged victim's account and the state did not believe there was a reasonable probability of conviction at trial.
Cardenas remained in Douglas County Jail awaiting extradition to Santa Clara for a probation violation.
