Charges dismissed over issues with evidence

Sexual assault charges against a Superior man were dismissed in Douglas County Circuit Court.

Jayce LeMar Mayberry, 29, was accused of two counts of sexual assault of a child under age 16, stemming from an alleged April 2011 incident. Mayberry was accused of sexually touching a 14-year old in a vehicle parked in Superior.

Both the counts were dismissed on a prosecutor’s motion last week.

“Significant evidentiary concerns have developed since the filing of this case,” wrote Assistant District Attorney Mark Fruehauf in his motion to dismiss the case. “Based on preliminary hearing testimony, subsequent analysis of phone records and other evidentiary concerns, the state does not believe it can prove its case beyond a reasonable doubt. Dismissal is due to evidentiary concerns and is in the interests of justice.”

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