MORGANTOWN, W.Va. — Jurors sitting in the Uber-sexual assault trial in Monongalia Circuit Court this week failed to agree on a verdict.
Judge Russell Clawges declared a mistrial Thursday afternoon. Jurors deliberated about six hours in the case against Ibrahim Hamid.
Clawges said he had “no choice” but to accept the non-verdict.
The trial began Tuesday and the jury received its instructions and began deliberating Wednesday evening. Quitting shortly into those deliberations, the panel of six men and six women — all white — resumed deliberations Thursday morning.
The case has been rescheduled for July.
Hamid is charged with second-degree sexual assault stemming from an incident in the early mornings hours of April 28, 2017. The alleged victim testified during the first day of trial. On Wednesday, Hamid took the witness stand to tell his side.
The prosecution and defense agree Hamid picked the victim up as he was driving for Uber. The two went to a McDonald’s drive-through before going to West Run, where she lived. Both sides also agree there was intercourse, but the agreements end there.
Hamid testified that the encounter was consensual, while the prosecutor said it was not and the alleged victim struggled, said “no” and tried to push Hamid away.
Because the woman had been drinking that night, she testified that there are things she does not remember — such as how she got from the front seat of Hamid’s van to the back.
Hamid’s attorney, Lance Rollo, argued that since the alleged victim couldn’t remember so much of the evening, Hamid was the only one with the ability to tell the jury what really happened.
The victim testified through tears that while she couldn’t remember many specifics of the encounter she did not give consent and fought the assault.
Perri Jo DeChristopher, Monongalia County prosecutor, said the victim had never lied, but was as truthful as she was able to be.