The Kansas Supreme Court has ruled that a Salina man awaiting trial in a child sex case be freed.

According to Supreme Court documents, back in March of 2018 a judge declared a mistrial in the case. The then-4-year-old girl wouldn’t take the oath to be sworn in as a witness. The judge ruled the state couldn’t prove its case without the girl’s testimony.

51-year-old Rictor Bowman had been arrested in March of the previous year, accused of sex crimes against a 3-year-old child. He was facing charges which include rape, aggravated criminal sodomy, and intimidation of a witness or victim.

The highest court ruled in a split 4-3 decision that trying Bowman a second time would violate his constitutional right against double jeopardy. The judges ruled he must be released from jail.