- Associated Press - Tuesday, February 20, 2018

GEORGETOWN, Del. (AP) - The case against a 21-year-old man charged with ambushing, detaining and raping a 21-year-old woman has been declared a mistrial.

The News Journal of Wilmington reports that police say Joshua Abele confronted the woman with a handgun, that turned out to be a BB gun, when she returned to a Rehoboth Beach residence before raping her last June.

Judge Richard F. Stokes declared the mistrial Monday when the jury failed to reach a verdict.

Abele’s attorney, Edward Gill, says the incident was consensual.

Police initially charged Abele with first-degree rape and first-degree kidnapping, among other charges. Gill says the kidnapping charge was dismissed due to insufficient evidence and the rape charge was downgraded to second-degree.

Department of Justice spokesman Carl Kanefsky says state prosecutors are unsure about retrying the case.

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Information from: The News Journal of Wilmington, Del., http://www.delawareonline.com


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