One year later, Charlotte man's rape charges dropped

CHARLOTTE – Prosecutors have dropped rape and attempted murder charges against a Charlotte man who last year was accused in the attack of a 10-year-old girl.

The case against 28-year-old Higinio Rivera III was dismissed Friday in Eaton County Circuit Court, officials confirmed. The charges were dismissed "without prejudice," meaning prosecutors could re-file them at a later time.

According to court testimony, the girl was sexually assaulted in March 2014 in her bedroom. She testified at a preliminary hearing last April that she woke up to Rivera "choking" her. Rivera and his wife were staying at the home that night.

A doctor said he believed the girl was choked until she was unconscious. She suffered injuries that officials said showed she had been sexually assaulted.

Rivera, an Iraq War veteran with no history of violent criminal behavior, was arraigned on the charges two days after the incident.

But new evidence began emerging in the summer of 2014. The girl's older brother told a detective, according to court documents, that "he has had sex with his sister."

In August 2014, crime lab test results came back, and no DNA connected Rivera to the incident.

"DNA laboratory reports have not identified any samples...that would connect him with the victim," his attorney, John Deming, said in a motion to reduce bond.

Also, Deming said DNA tests showed that the girl's father's semen was on "different locations on a pink robe" found on her bed.

Reached by telephone Monday, Deming declined to comment.

Eaton County Prosecutor Doug Lloyd said the investigation is continuing. No one else has been charged. A trial was scheduled to begin Monday.

"It's our responsibility to seek justice," Lloyd said. "That sometimes requires us to dismiss a case in order to make a determination about which way we want to proceed."

The new evidence led a judge in September to reduce Rivera's bond from $1 million to $100,000. On Sept. 5, records show, his wife posted the bond, and he was released from the Eaton County Jail. Rivera had been held there for about six months.

There is no family court case involving custody of the girl, records show. Lloyd said he could not comment about whether her brother is facing charges in juvenile court. The Lansing State Journal does not name victims of sexual crimes.

At the April 2014 preliminary hearing, the girl testified that she saw Rivera's face. She said his arm was around her neck.

"How do you know it was (Rivera)?" Assistant Prosecutor Kelly Morton asked, according to court documents.

"Because I have a clock radio, and it has a bright light," the girl said.