The case against Larry Dewvall has been thrown out just days before he was set to go on trial for indecency with a child and aggravated sexual assault.
Dewvall was indicted on a charge of of Indecency With a Child and Aggravated Sexual Assault. His wife, 28-year-old Amber Toni Dewvall was indicted on a charge for sexual acts against 2 children, both younger than 10. Both were indicted in December 2010.
Amber Dewvall's attorney tells Newschannel 6 the children at the center of the case have recanted their statements about the alleged assault. Ronnie Molina also tells us the prosecutors can't establish where the alleged offense may have happened.
The case was to be heard in the 89th District Court. The District Attorney's office says because the case is pending, they cannot comment. Molina says the D.A. is now pursuing whether they could be convicted in another county.
Molina told Newschannel 6, "What's sad is these two people are sitting in jail. Wichita Co. knows it doesn't have jurisdiction. And both parents have already terminated their rights (to the children)."
Newschannel 6 learned September 15, 2011 that Amber Dewvall had been trying to strike a plea deal with the District Attorney's office.