Golden – The trial of a Denver sheriff’s deputy accused of sexually assaulting a 14-year-old ended in a hung jury Thursday evening.
The jury told Jefferson County District Court Judge M.J. Menendez a few hours after getting the case involving John Ray Luna that it had reached an impasse. Menendez instructed the jury to try again, but the jury later returned, saying members could not agree on whether the prosecution proved that Luna had assaulted the girl a year ago while he gave her a ride to work.
Luna, 47, has been charged with one count of sexual assault on a child younger than 15. Luna, a 13-year veteran with the Sheriff’s Department, has denied the accusations. He has been on paid investigative leave.
In closing arguments earlier Thursday, prosecutor Zak Phillips said the Wheat Ridge girl just wanted a ride to work.
“She didn’t want to be touched, pinched, grabbed and groped,” Phillips said.
Defense attorney Gary Lozow said Luna did not have the opportunity in the two-minute drive to do what the girl claims he did.
The girl, now 15, claims Luna touched her buttocks and breast, rubbed her leg and tried to reach under her shirt during the ride.
Lozow said the girl and Luna’s stepdaughter had a long feud. Phillips responded that Lozow wanted the jury not to believe the girl’s story “because of an issue in 2004 between two girls.”
“That’s a ridiculous story,” Phillips said, “that she waited a year and a half to get back at Luna’s daughter by saying her dad touched her breasts.”
Phillips said the case will be retried. A status hearing was set for Thursday.
