Naval prosecutors take up rape case against Navy commander

Posted at 10:05 AM, Jun 01, 2018
and last updated 2018-06-01 13:28:45-04

SAN DIEGO (KGTV) -- The District Attorney's office dropped rape charges Friday against a Navy commander, and said the Navy was taking over the case. 

John Michael Newhart II was accused of sexually assaulting a junior officer in her home in 2016 after they spent time drinking and hanging out with colleagues.

The woman said Neuhart took off her pants and underwear and was physically violent with her. In cell phone video recorded by the woman, she can be heard telling Neuhart to stop as he tried to get the door open.

In the two trials combined, 21 out of 24 jurors voted to convict Neuhart but failed to reach a verdict.

A judge ruled for a third trial for Neuhart in May but dismissed charges of assault with intent to commit rape during burglary and resisting or delaying a peace officer.

RELATED: Judge allows third trial for Navy commander

The case was turned over to the Navy, a DA's spokesperson said.