Osceola County Prosecutor dismisses remaining CSC count

REED CITY — The remaining count of criminal sexual conduct against a former Evart man has been dismissed by the Osceola County Prosecutor’s Office.

Francis Brent Mallo, of Loudon, Tenn., was charged in December of 2013 with criminal sexual conduct charges relating to an alleged sexual assault of young girl. The incident was reported to have occurred in a foster home run by Mallo and his family in Osceola County.

In September, Mallo was tried on two counts of first-degree criminal sexual conduct. The jury found Mallo not guilty on one count, but was unable to reach a verdict on the remaining charge.

On Friday, Jan. 15, Osceola County Prosecutor Tyler Thompson filed a nolle prosequi, dismissing the charge without prejudice.

Thompson declined to comment on the reason for dismissal, stating he does have the right to re-file charges in the future if he chooses. Because of the dismissal, an upcoming trial for Mallo scheduled for Feb. 29 is no longer happening.

Mallo’s accuser in the case is a girl sent to live at a home in Evart the Mallo family ran for troubled girls. The girl accused Mallo of sexually assaulting her in her bedroom on multiple occasions between 2009 and 2010.

Mallo was previously charged with three counts of first-degree criminal sexual conduct involving another woman. That victim claimed Mallo sexually assaulted her multiple times in the 1990s when she worked as a babysitter for Mallo’s children.

Mallo was tried on those charges in December, with the trial also ending in a mistrial. The case was re-tried, and in June, Mallo was acquitted of those charges.