A deadlocked jury has prompted a judge to declare a mistrial in the case against John Michael Neuhart II, a former commander of a helicopter squadron accused of trying to rape a Navy colleague.
Jurors in San Diego voted 11-1 to convict Neuhart of assault with intent to commit rape during a burglary and attempted forcible rape.
On December 20, a status conference will be held to determine whether or not Neuhart will face a retrial.
The alleged victim said Neuhart sexually assaulted her after they spent time drinking and hanging out with colleagues downtown in 2016.
The woman said Neuhart took her pants and underwear off and was physically violent with her inside her Valencia Park home.
In a cell phone video recorded by the defendant, the woman can be heard telling Neuhart to "stop" as he tries to get her to open the door about 3 a.m.
"I've wanted you for a while," Neuhart tells her. When she tells him "no" and to stop, Neuhart says, "Is that your safe word? Is no your safe word?"
The Deputy District Attorney said Tuesday that they will retry Neuhart.