Local musician and former fire chief in Castell, Bode Barker, was found innocent of sexually assaulting a 10-year-old girl in April 1999.

A jury of six men and six women deliberated for a little less than 5 hours before returning the verdict of not guilty about 8:30 p.m. last Wednesday at the Llano County Courthouse.

Jurors had heard two days of testimony from multiple witnesses, including Llano Police Chief James Schilling; Deborah Keith, executive director of the Hill County Children’s Advocacy Center; the girl’s grandmother, the girl’s mother, and the girl, who was referred to in the case by the pseudonym “JES.”

Barker did not take the stand nor did the defense call any witnesses to testify.

Eddie Shell, Barker’s defense attorney, said both he and Barker were confident the jury would clear Barker of any wrongdoing when the facts were presented in court. Barker was alleged to have sexually penetrated the girl with his finger in a Llano residence on April 2, 1999. One of the primary pieces of evidence that prosecuting attorney Cheryl Nelson presented in court was a video interview that the Children’s Advocacy Center, the Llano Police and Child Protective Services conducted with the girl in April 20, 1999. The girl said multiple times during the more than hour-long video that she thought the alleged assault was a dream and that she was not entirely sure the assault had happened, Shell said. The three agencies determined there was not enough evidence to conclude Barker had a role in the crime, and the case was closed in June 1999.

The case was reopened last year, and a grand jury indicted Barker for aggravated sexual abuse of a child.

Shell said Barker recently went through a divorce with the girl’s mother, which he believes is a contributing factor to why the case was brought to trial more than 10 years after the offense allegedly occurred.

“I’m sure that had something to do with it,” Shell said.

However, Nelson said the girl told her grandmother about the alleged assault the same day it supposedly occurred. Nelson said in many child abuse cases, the victim does not come forward with information about what happened until years later when he or she feels more comfortable and better understands what happened. She said this case was unique because the girl did not wait to tell others.

Although the defense won the case, Nelson said she felt justice was served.

“I feel justice was done in that justice is a search for the truth,” Nelson said.

Nelson said there are no statutory time limitations in Texas that bind a child abuse victim from coming forward with information years after the abuse occurred, which District Attorney Sam Oatman said is important.

“If we didn’t take these cases, child abuse would go rampant,” Oatman said. “We have our job to do. And I accept the jury’s decision.”

District Judge Guilford Jones presided over the trial. Jones said during the jury selection on Monday that the case had a possibility of lasting the entire week. Opening statements were made Tuesday morning, and testimony began afterwards. The jury went into deliberation around 3:30 p.m. on Wednesday.

If Barker had been convicted, he would have faced between five and 99 years in prison and a fine of up to $10,000.

“Obviously, he is relieved,” Shell said. “He was upbeat the whole time, and now he can get back to his business.”