TOWSON, Md. (WJZ) — A jury found a man accused of raping a teen at a Baltimore County skating rink not guilty on the rape charge.
The jury found Davon Perry, 26, not guilty of rape but deadlocked on the sex offense charges. The judge then declared a mistrial for the two sex assault charges. That means the state can retry him on those counts in the future.
Perry and two teens were accused of raping the then 12-year-old girl in a storage closet at Skateworks skating rink in Woodlawn in 2010.
The child testified that in August 2010, the three men dragged her to a storage room, then took turns forcing her to have oral sex and intercourse.
On the witness stand, two police officers who were working security that night told jurors the girl was completely covered in semen.
Last week, a forensic scientist said there was not a single trace of Perry’s DNA on or inside the victim after processing several pieces of her clothing, a standard rape kit and swabs of her body. But the expert also said the lack of DNA in sexual assault cases does not clear the suspect, and said he may have not ejaculated, he used a condom, he might not have viable sperm, had a vasectomy or it simply didn’t show up.
Perry’s lawyer Roland Brown fired back, pointing to extensive amounts of DNA from 19-year-old Kadeem Santiful who pleaded guilty. Tracy Hankins also admitted to having sex with the girl and his DNA showed up, too.
Perry still remains in police custody.