A felony sexual assault case against a Herculaneum teenager has been dismissed, authorities reported.
Austin Andre Anderson, 18, had been charged with second-degree rape and second-degree sodomy following a June 2020 incident at a Festus home, but Jefferson County Div. 14 Associate Circuit Judge Timothy Miller dismissed the case on Monday (April 5), said defense attorney TJ Hunsaker of Rosenblum, Schwartz and Fry in St. Louis, who represented Anderson.
He said the judge made the ruling after a preliminary hearing on April 2, when Miller heard the state’s evidence, cross examination and Mr. Anderson’s evidence.
Jefferson County Prosecuting Attorney Trisha Stefanski confirmed the case had been dismissed.
Hunsaker said Miller ruled to dismiss the case because there was a lack of probable cause that a crime had been committed.
The case was dismissed without prejudice, which means the state could refile the charges, Hunsaker said.
He said Anderson, who has returned to classes at Festus High School, is content with the case’s outcome.
“Mr. Anderson is very satisfied that after the judge heard the evidence presented by the state, cross examination and the evidence presented on his behalf, the judge made a ruling to dismiss the case. So, he (Anderson) can move forward and get back to normal life,” Hunsaker said. “He is satisfied that the judge took his time to listen to all of the evidence and make a ruling.”