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