A Tucumcari farmer and rancher accused of criminal sexual acts whose first two trials ended in hung juries will not be tried a third time, according to a release from the district attorney’s office.
Kyle Evetts, who was indicted by a grand jury in February 2004 on nine counts of criminal sexual contact and criminal sexual penetration of a minor, was tried last November and again this May; both resulted in mistrials, according to the release.
Quay County District Attorney Ron Reeves said his office remains fully supportive of the victim, but lacks the resources and manpower necessary for another trial, particularly when it is highly likely to end in another hung jury.
Reeves said criminal sexual cases involving minors and family members are the most difficult to prosecute. He said there is usually no physical evidence, nor is there likely to be an eyewitness since sex crimes occur surreptitiously. Difficulties also arise since routine abuse to a young child, as alleged in this case, often goes unreported until years later, he said.
Reeves said issues become further obscured by statutory rules of evidence and the court’s orders limited presentation of evidence. A final reason to avoid a third trial, Reeves said, was to avoid further trauma to the witness.
Evetts did not return a phone call seeking comment.