A SLO County jury was once again unable to decide whether to convict 32-year-old Paso Robles resident Rian Mabus for the alleged rape of a 41-year-old woman in September of 2014.
The jury was unable to come to a verdict in Mabus' second trial in connection with the alleged rape that occurred in Atascadero over the 2014 Labor Day weekend. A different SLO County jury acquitted Mabus of one felony count of rape and couldn't reach a decision on a second one after a trial in July 2016. The second trial was an attempt by SLO County prosecutors to re-try Mabus on the charge that the first jury deadlocked on.
"These are always very difficult cases," Matthew Guerrero, Mabus' defense attorney, said in a written response to questions from New Times. "We know that the jury this time and the last time worked very hard to come to a resolution and gave each side significant consideration. The fact that they were deliberating for four days tells us as much."
During both trials, the juries heard from the victim—referred to only as Jane Doe—claim that Mabus had raped her while she was intoxicated and unconscious. Mabus claimed that the sex was consensual.
"In this case, each side feels very strongly about their position," Guerrero wrote. "It is very difficult to know if a jury is going to come to a verdict or hang sometimes."
As of June 13, the SLO County District Attorney's Office had not announced whether it would seek to try Mabus for a third time.
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