Case Dropped Against Siloam Springs Man

BENTONVILLE -- Prosecutors decided to drop the charge against a man accused of sexually assaulting a 3-year-old child.

Garrett Brown, 28, of Siloam Springs was charged with sexual assault in the second degree, a Class B felony punishable with a prison sentence ranging from five to 20 years.

He appeared in court Monday morning for a hearing where Carly Marshall, deputy prosecutor, informed Circuit Judge Robin Green the Prosecutor's Office would nolle prosequi the case. Prosecutors have a year from the day the order is entered to refile the charge.

A nolle prosequi is a formal entry on the record in which prosecuting officer states he will not prosecute the case further, according to Black's Law Dictionary.

Brown was the chairman of Siloam Springs Planning Commission. He resigned after his Oct. 28 arrest. Brown was released on $20,000 bond after his arrest.

"I feel relieved," Brown said Monday. "I'm excited to get my life back and get past the false accusations."

Brown said many people treated him with disrespect and assumed his guilt without hearing his side.

A woman reported to the Arkansas Child Abuse Hotline on Oct. 23 that the girl and Brown were playing a game, and Brown had the girl perform a sex act on him, according to court documents.

Marshall told Green the woman who made the report had become uncooperative with the prosecution of the case.

"This lack of cooperation and unwillingness to proceed makes it impossible for the state to proceed with its case at this time," Marshall said.

Shane Wilkinson, who represents Brown, told Green his client pleaded not guilty because he is not guilty of the crime.

"I believe the case was nolle prosequi because his DNA was nowhere to be found and the original statements by the child simply didn't match the actual evidence that turned up after the fact," Wilkinson said.

Brown said he is trying to put the case behind him so he can work toward rebuilding his life.

NW News on 06/24/2014

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