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WILMINGTON, NC (WWAY) — A former Wilmington firefighter is out of jail after prosecutors in Virginia decided not to refile a charge against him.

Last week a jury found Robert Hester of Elizabethtown not guilty of one count of object sexual penetration by force and a count of abduction with intent to defile, according to the Fairfax County Clerk of Court’s Office. The judge declared a mistrial for another count of object sexual penetration by force.

Friday, prosecutors decided not to refile the charge against Hester, according to his attorney, leading to Hester’s release. Jail records show Hester was released Friday.

So far we have been unable to reach Hester for comment.

The charges stem from an incident March 19 involving a woman investigators say Hester knew. Hester was held without bond starting March 21.

The Wilmington Fire Department fired Hester in April because he missed too many days of work.

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