BENTONVILLE — Prosecutors dismissed a case on Monday against a Rogers man accused of raping a 12-year-old girl.
Steve John Elder, 35, was arrested Sept. 30, 2009, and later charged with rape, a Class Y felony.
His case was set for a jury trial last week, but the date was canceled.
Deputy Prosecutor Joni Rose informed Circuit Judge Robin Green on Monday prosecutors had filed a motion to nolle prosequi the case. A nolle prosequi is a formal entry on the record by the prosecuting officer by which he declares he will not prosecute the case further, according to Black’s Law Dictionary.
According to a motion for a nolle prosequi, certain DNA results undermined the strength of the case. The motion also states the victim’s mother engaged in conduct and made statements that also undermined the case.
The mother’s actions also caused prosecutors to seek an order of protection on behalf of the girl to prohibit Elder from having contact with her.
Circuit Judge John Scott signed an order of protection Monday that prohibits Elder from having contact with the girl for five years.
Green granted the motion to dismiss the case, but warned Elder not to have contact with the girl.
“You understand if you see the alleged victim in this case then you turn around and go the other way,” Green said.
Rogers attorney Doug Norwood, who represents Elder, told Green that Scott made it clear to Elder he is not to have contact with the girl.
Prosecutors have a year from the day the order is entered to refile the charge.