WICHITA FALLS (KFDX/KJTL) — A jury trial set to begin today in 89th District Court is canceled and a man’s charge of aggravated sexual assault of a child charge is dismissed after the victim and his mother say it never happened.

Wichita County jail booking photo

Charlie Thomas Jr., 63, has been awaiting trial since late 2015 when he was accused of the aggravated sexual assault of a four year old boy in March, 2015. He was released from jail in July 2017 when he was granted a lower bond of $500,000 from the original $1 million.

Prosecutors filed for dismissal before trial when the outcry witness who was to testify in the boy’s behalf said she had misunderstood the boy’s statements and is now unsure if he was making claims of sexual abuse.

Also they said the boy’s mother does not believe a sexual assault occurred and the boy has recanted his allegations.

When filing the charge in 2015, authorities say Thomas had been staying in the home of the boy’s mother off and on for weeks at a time. They said the boy made an outcry about the assault and that his statements made to his family, the forensic interviewer and medical personnel were consistent.

A visiting judge in 89th District Court agreed Thomas’ bond was too high and should be lowered to a half million dollars and he was released on bond on July 25, 2017, almost two years after his arrest. Trial was originally set for November of 2017.

Conditions of his bond included not leaving the city or being around children.

Thomas, who is retired from the Army, is now released from the bond and all its conditions.