
Sixth Judicial District Attorney Francesca Estevez said the case of three counts of criminal sexual penetration of a minor against 55-year-old Brian Dunnihoo ended in a hung jury.
At the time of his arrest in October of 2012, Dunnihoo was the director of facilities and construction management for the Deming Public School district.
The allegations covered a six-year period, beginning in 1996, when the victim was about seven years old, and continued until the victim was approximately 13.
The jury members deliberated for approximately four-and-a-half hours into the evening Thursday before concluding they could not reach a verdict in the three-day trial which started last Tuesday before Sixth Judicial District Court Judge Daniel Viramontes.
Dunnihoo was represented by Las Cruces Attorney Jared Abrams. Assistant District Attorney Janice Schryer prosecuted the case.
Estevez said her office will re-evaluate the case and consider all legal options, which include refiling the charges.