RICHMOND, VA—A judge has declared a mistrial in the case against a former Richmond Public Schools teacher's aide accused of child sex crimes.
Alex Erby, 58, a former teacher's aide at GH Reid Elementary School, is accused of sexually abusing two students at the elementary school.
A Richmond judge declared a mistrial Thursday, saying there was impermissible contact between a case party and jurors in the case.
Erby faces four felony charges, two for aggravated sexual battery and two charges of taking indecent liberties with a child. The Commonwealth Attorney says the charges stem from two separate incidents that allegedly took place at the school in 2012.
Erby is accused of touching one student's buttocks and making an inappropriate comment.
Prosecutors say while investigating, a separate student came forward claiming in February of 2012, Erby touched her breasts in class.
The defense says Erby never touched the student's buttock and only gave her a hug. They also say he never touched the student's breasts; rather, he says he was attempting to confiscate a cell phone.
Following Erby's arrest in 2012, some parents spoke out, telling 8News the teacher was known as a family man, a respectable member of the community and was a popular teacher's aide at the Richmond elementary school.
On Wednesday, Erby pleaded not guilty to four felony counts. A new trial has been scheduled for October 30.
Stay with 8News for the latest.
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