Sex abuse charge dropped against Walford man

A sexual abuse charge against an 18-year-old Walford man, who had previously been through two mistrials, was dismissed last week because the victim refused to testify, according to a motion filed in Linn County District Court.

Linn County Attorney Jerry Vander Sanden said the victim, who was 14-years-old when the alleged incident occurred in 2013, has moved out of state and she has refused to come back and testify.

'We can't proceed without the victim,” Vander Sanden said.

Justin Purcell was charged with on count of second-degree abuse. Purcell, who was 17, told police he didn't have sexual contact with the girl on Jan. 11, 2013 at a Marion residence.

According to testimony, the girl testified that Purcell sexually assaulted her that day.

The first mistrial resulted last summer after his defense attorney inappropriately indicated the penalty for the charge. Jurors aren't part of the sentencing process and are not to have any knowledge of potential punishment.

Purcell's second mistrial on Dec. 8 resulted from a hung jury. The jurors told the judge they were deadlocked after eight hours and couldn't reach a unanimous verdict.

The other man charged in this case, Isaac Hall, 19, of Fairfax, was convicted and sentenced to 10 years in prison for third-degree sexual abuse.