Niagara County Court prosecutors dismissed charges against Bradley McNamara on Monday, clearing the North Tonawanda man who was accused of sexually abusing his stepdaughter.
"I did meet with the young victim in this case on Thursday ... and she does not want to go through the trial again," Prosecutor Robert Zucco said in court Monday.
Zucco agreed to dismiss the sexual abuse charges after family court issued an order of protection for the alleged victim until her 18th birthday. McNamara's probation under an unrelated larceny case was also altered to allow him to have contact with his biological son and daughter.
The dismissal follows a trial in October, when a the jury failed to reach a verdict on all four charges — second-degree course of sexual conduct against a child, two counts of second-degree criminal sexual act, attempted second-degree rape and endangering the welfare of a child.
McNamara, who owns Juicy Vapor on Niagara Falls Boulevard, was arrested in January 2013. During the trial, the teen alleged that he abused her every night or every other night after tucking her into bed.
In response, defense attorney Robert Berkun argued the teen crafted the story out of a desire to meet her biological father. The sexual stories came from adult apps she had on her phone, he said.