CORPUS CHRISTI, Texas — The Nueces County District Attorney's Office has filed notice that it intends to appeal the order dismissing the charges of sexual assault on which Dr. Juan Villarreal was indicted on.
As KRIS 6 News reported Monday, a hearing was held on two motions to dismiss. One motion based on "spoliation and violation of the Richard Miles Act," asked that the indictments be dismissed with prejudice.
The Richard Miles act requires law enforcement to turn over all evidence in a case, even exculpatory evidence.
Villarreal was indicted with 14 counts of sexual assault, five of those dismissed Monday because the statute of limitations had lapsed.
The remaining were dismissed by visiting Judge Robert Pate,who granted the defendant's motion.
That motion was based on the DA's office losing evidence, which the prosecutor acknowledged in court.
This is a developing story, follow KRIS 6 News for updates.