Possible second sexual assault trial for Justin Erwin still up in the air
August 9, 2018
No trial date has been set in the case of Justin Cayce Erwin, one of four men accused of sexually assaulting a woman in a Silverthorne apartment on St. Patrick's Day in 2016.
Erwin, 42, was found not guilty on 11 of 20 counts during his initial trial in July, but Eagle County Judge John McMullen declared a mistrial on the other nine counts after the jury reached a stalemate in deliberation.
When a mistrial occurs the state has only 90 days to begin a new trial by law, though speedy trial periods can be extended with the permission of the defendant, according to District Attorney Bruce Brown. Erwin, who's defense council withdrew from representing him further following July's verdict, agreed to extend the speedy trial period an additional 90 days during a hearing in Eagle on Thursday.
Erwin will return to court in Eagle on Sept. 14 at 1 p.m. to determine a new trial date.