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Jury does not convict ex-cop on two charges

READ MORE: Jury does not convict ex-cop on two charges

WILMINGTON, NC (WWAY) -- A New Hanover County jury found a former Wilmington Police officer not guilty of assault on a female. The judge declared a mistrial on a charge of sexual battery after the jury could not come to a verdict. Jurors were split 11-1 on the chare against Wotzvely Perez.

A convenience store clerk accused the policeman of coming to her apartment, making sexual advances and refusing to take no for an answer. But no was the answer on at least one charge from the jury.

"The world is not perfect, and sometimes it's hard to find justice where justice is deserved," juror Allison Burroughs said.

Perez was charged with assault on a female and sexual battery. All 12 jurors found Perez not guilty on the assault charge, but Judge Arnold Jones declared a mistrial on the sexual battery charge.

"I was wondering if we couldn't reach a unanimous decision what happens then, and that's definitely what it came down to," Burroughs said. "Sometimes tempers flare because of emotion."

After nearly six hours of deliberation, Burroughs said the deliberation room was heated.

"They were doing things that I felt the judge had ordered us not to do, which was to draw our own conclusions based on opinions and feelings and sentiments and not so much what the evidence was," Burroughs said. In the end the jury was deadlocked because of a lone hold-out juror.

The victim of the alleged assaults sat quietly in the courtroom as Perez walked out of the courtroom a free man.

"I have nothing but sympathy for her at this point, and I wish that we would have been able to handle this today so she doesn't have to go through that again," Burroughs said. "But for her I think the best thing is to stay strong and keep fighting."

District Attorney Ben David said no decision has been made whether to retry the case with a new jury. If the victim and the District Attorney's office decide to retry the sexual battery charge, the case will start from square one.

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if they choose not to pursue with another trial, does he get his job back?

Hung Jury

Hmmmm...he confessed on video. Victim testified that she did not consent. I'm not quite sure how this jury hung on that one.

He confessed on video to

He confessed on video to kissing and feeling her up. But his version is that it was concentual, and that he stopped when she said no. I guess the jury wouldn't convict on a he-said, she-said type of testimony.

Personally, I think he "might" have done it. But at the same time, they might have fooled around, and then she had second thoughts. Either way, you can't convict on what might have happened. You have to convict based on reasonable doubt.

She invited him to meet her in her home, not to meet her somewhere in public. The fact that she wanted to meet him in private may have made the jury think that she wanted to have sex with him, and changed her mind. Maybe she wanted him to leave his wife and he said no - then she cried rape. You know what they say about a woman scorned. So many possibilities, and the only thing that is agreed on is that they kissed and he lifted her shirt. No way they're going to get a conviction.

Probably because she invited

Probably because she invited him up to her apartment instead of going to the police department. It has been said that they were already friends. I think there is more to this than we have heard, and apparently the jury felt the same way.