Judge dismisses case after DA's office says critical evidence missing

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Defense attorney who said his client was unlawfully indicted, spent unnecessary time in jail and was negatively impacted by a missing videotape

July 31, 2021

LAS CRUCES - A judge dismissed a case against a man accused of beating, robbing and attempting to sexually assault a massage parlor worker.

The case was dismissed without prejudice, meaning that prosecutors could refile the case at a later date. A hearing on Thursday featured a defense attorney who said his client was unlawfully indicted, spent unnecessary time in jail and was negatively impacted by a missing videotape that he said would exonerate him.

Police said that Jermilo Larkins, 35, committed aggravated battery resulting in great bodily harm, attempted to commit criminal sexual penetration by force.

The accusation stems from an incident earlier this year.

Police said Larkins walked into a Las Cruces massage parlor on April 26, 2021. When a female massage worker asked Larkins if he wanted a massage, she told police that Larkins began punching her face and causing her lip to bleed.

Believing that Larkins was attempting to rob the massage parlor, the worker said she ran over to the cash register and gave Larkins the money inside. She said Larkins continued to attack her, knocking her to the floor and stomping on her leg. Police said that the attack left the worker with a broken tibia.