Prosecutors have dropped the sexual assault case against a man accused of raping a woman in 2013.
Garrett Lee Cross, 30, was charged in October 2017 with one count of sexual assault and unlawful sexual contact and was set for a five-day trial starting June 11.
But on April 19, the Boulder District Attorney’s Office filed a motion to dismiss the case without prejudice, saying they did not believe they could get a conviction.
“After extensive investigation and thorough review of the case, and in consideration of the People’s burden of proof, it is the People’s position that there is no reasonable likelihood of conviction at trial,” the motion read.
Because the case was dismissed without prejudice, prosecutors do retain the right to re-file the charges.
According to an arrest affidavit, a woman came to police in March 2017 and said Cross sexually assaulted her in 2013. The woman said she was attending a 1940’s-themed ball at the Boulder Municipal Airport on June 15, 2013, with some friends when she met Cross.
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