The District Attorney’s Office has announced it will not retry Doris “D.R.” McElhenney for allegedly fondling his granddaughter.
McElhenney was accused of fondling his then 11-year-old granddaughter with a back massager during a family gathering at McElhenney’s home. He was indicted on felony fondling in 2009.
Assistant District Attorney Katie Moulds prosecuted the case and painted a picture of a man who used candy to bribe the child to keep her from telling anyone about the act.
McElhenney’s attorney, Rod Ray, described the allegation as that of a confused child caught in the middle of a strained family relationship.
After a three-hour deliberation, the jury declared they could not reach a verdict and a mistrial was declared in May. The jury was reportedly split 6-6.
Moulds said she filed a nolle prosequi motion Wednesday afternoon. Nolle prosequi means “do not prosecute” in Latin.
Moulds cited a lack of evidence, no new evidence, the evenly-split jury in the previous trial and the family’s desire to repair relationships with members of McElhenney’s family as factors in the decision not to pursue a new trial.
The child and her parents have since moved to Texas.
Sarah Fowler covered crime, education and community related events for The Dispatch.
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