GOLDEN - A Jefferson County District Court judge Thursday declared a mistrial in the case of a Denver sheriff's deputy accused of fondling a neighbor girl more than a year ago.

"The court finds the jurors can't reach a unanimous decision," Judge M.J. Menendez said after the jury had been deliberating about four hours.

John Ray Luna, 47, was accused of a single felony count of sexual assault on a child under 15.

Prosecutors say they plan to retry Luna.

Defense attorney Shawn Gillum said the outcome was disappointing. "This man has worked hard to clear his name," Gillum said.

In closing arguments, prosecutor Zak Phillips said the victim, who was 14 at the time of the alleged assault, "wanted a ride to work. She didn't want to be touched and grabbed and groped."

The girl testified earlier this week that while Luna was driving her to work at a nearby bar, he made suggestive remarks and repeatedly fondled or tried to fondle her buttocks and breast.

But defense attorney Gary Lozow told jurors the alleged victim's testimony was inconsistent and at times contradictory, and criticized the investigation by a Wheat Ridge detective as incomplete, at best.

The girl, now 15, and Luna's daughter and stepdaughters have been at odds for years and have not spoken for at least two years, according to testimony.

Luna did not testify during the three-day trial. He has been on administrative leave from the Denver Sheriff's Office since the accusations surfaced.

ablec@RockyMountainNews.com or 303-954-5020