SAN DIEGO — A San Diego judge has dismissed the case against a Navy commander accused of trying to rape a junior officer.

The San Diego Union-Tribune says Friday’s dismissal came as John Neuhart faced his third trial. The others ended in jury deadlocks.

However, Neuhart remains in the Navy and may still face a military trial.

Prosecutors said Neuhart tried to rape a lieutenant in 2016 after they’d been drinking at a bar and went to her San Diego home together.

Cmdr. John Michael Neuhart could face life in prison if convicted of the most serious charges. (Navy)
Cmdr. John Michael Neuhart could face life in prison if convicted of the most serious charges. (Navy)

Neuhart recorded part of the encounter on his cellphone. In it, the woman repeatedly shouts: “No! Stop!”

Her screams alerted a neighbor. Neuhart ran away but fell, broke his leg and was arrested.

Neuhart says the woman consented to sex and he recorded the encounter in case she later alleged rape.