- Associated Press - Friday, June 1, 2018

SAN DIEGO (AP) - A San Diego judge has dismissed the case against a Navy commander accused of trying to rape a junior officer.

The San Diego Union-Tribune says Friday’s dismissal came as John Neuhart faced his third trial. The others ended in jury deadlocks.

However, Neuhart remains in the Navy and may still face a military trial.

Prosecutors said Neuhart tried to rape a lieutenant in 2016 after they’d been drinking at a bar and went to her San Diego home together.

Neuhart recorded part of the encounter on his cellphone. In it, the woman repeatedly shouts: “No! Stop!”

Her screams alerted a neighbor. Neuhart ran away but fell, broke his leg and was arrested.

Neuhart says the woman consented to sex and he recorded the encounter in case she later alleged rape.

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