Case Dropped Against Texas Girl, 12, Accused of Police Assault

A Texas girl, then 12, who was allegedly accused by Galveston police of being a prostitute and assaulted when she stepped outside her family home has herself escaped conviction on a criminal charge in the 2006 incident.

A jury split 5-1, with all but one refusing to convict Dymond Larae Milburn, now 15, of attacking police, reports the Houston Chronicle. An earlier trial ended before verdict, when a witness made a misstatement before the jury, and prosecutors said they won't attempt to retry the case against the middle school honors student a third time.

As discussed in an earlier ABAJournal.com post, Milburn and her family have filed a federal civil rights lawsuit against three officers over the Aug. 22, 2006 incident. She and her parents say she was assaulted and injured outside the family's home by officers responding to a call about white prostitutes. Milburn is black. Responding to her cries for help, her parents found her outside clinging to a tree, according to testimony.

However, "prosecutors said officers were doing their job and that the girl, then 12, scratched herself while holding onto a bush," the newspaper writes.

Neither the city nor Galveston's police department is named as a defendant in the family's civil rights suit.

Earlier ABAJournal.com coverage:

Girl, 12, Mistaken for Prostitute, Sues Over Alleged Police Beating