WRIGHT TOWNSHIP, LUZERNE COUNTY (WBRE/WYOU) — A Luzerne County judge has declared a mistrial in the case against a former Crestwood band director.

A female student told police that her band director, Theron Roberts touched her inappropriately in 2019.

Roberts’s lawyer argued that he did nothing wrong and might have touched the girl accidentally while adjusting her band uniform.

It’s now up to prosecutors to decide whether to retry a former high school band director accused of inappropriately touching a student in Luzerne County.

A judge declared a mistrial Thursday night after the jury failed to reach a verdict in the case against 40-year-old former Crestwood band director Theron Roberts.

In December 2021, Theron Roberts, the man seen here wearing a blue mask, was charged with indecent assault, corruption of minors, and harassment.

The former band director and music teacher at Crestwood High School was accused of inappropriate contact with a 14-year-old student in 2019.

At the time, the student was a sophomore and a member of the school marching band.

The victim told detectives Roberts touched her in ways that made her feel uncomfortable and then allegedly threatened her if she told anyone about what he did.

Amid the allegations he was put on administrative leave and then fired in 2020 from his role as Crestwood’s band director and music teacher.

Fast forward to Thursday a judge declared a mistrial after a jury heard deliberations for several hours, but was unable to agree to a verdict.

28/22 News spoke to Luzerne County District Attorney Sam Sanguedolce about mistrials.

“It’s certainly not ideal, and it’s a little more difficult to try your case the second time because all of your plans and witnesses have been laid out. but, nonetheless, you have to then make a decision. Is this something that can be changed? is there something that was wrong with the jury? is there somebody who just wouldn’t come around for either side?” explained Sanguedolce.

Roberts’ attorney declined to comment.

Prosecutors have one year to decide if they will retry Roberts.

He has been free on $25,000 unsecured bail since his arrest in 2021.