The unanimous jury verdict that convicted former Dartmouth police officer Shawn Souza on charges of rape and molestation has been set aside by the court, releasing Souza from custody, according to Bristol County District Attorney Thomas Quinn III.

“The jury unanimously convicted the defendant, a former police officer, of serious child rape charges,” Quinn said. “The judge’s decision sets aside the jury’s six-hour deliberations and takes away a verdict that was well supported by the evidence.”

Souza was tried by a jury on June 13, 2022 for crimes related to his step-daughter, which occurred when she was between the ages of 6 and 8 from 2011 to 2013, Quinn said at a trial on Oct. 3, 2024.

The June 13, 2022 trial occurred in front of Judge Thomas McGuire in the Fall River Superior Court and resulted in a hung jury, which means that the jury couldn’t reach a unanimous verdict after an extended deliberation.

After the hung jury occurred, the Commonwealth filed a motion to have the indictments of Souza's two victims — his step-daughter and a then 15-year-old family friend — tried together, which Judge McQuire allowed, according to the District Attorney’s Office.

This trial took place in late September 2024 in front of Judge Suzanne Sullivan. At this trial, Souza had a lot of supporters present while the victims had three supporters from the Bikers Against Child Abuse organization.

Judge Sullivan denied Souza’s request for a directed verdict on Oct. 2, 2024, which would have prevented his case from being decided by a jury. This decision implies that Judge Sullivan did believe there was enough evidence for the jury to fairly convict Souza, according to the District Attorney’s Office.

On Oct. 3, 2024, Souza was sentenced to 10 to 15 years in state prison followed by two years of supervised probation on charges of rape of a child, aggravated rape of a child by age difference and indecent assault and battery on a victim over 14-years-old.

Souza then filed a “Motion for Required Finding of Not Guilty,” claiming that the Commonwealth failed to prove the elements of the indictments. His motion was heard before Judge Sullivan on Nov. 18, 2024.

With no notice to the Commonwealth, Souza objected to the decision to group the indictments against him together in one hearing for the first time on Nov. 18, which resulted in a brief argument, the District Attorney’s Office said.

Judge Sullivan then set aside the jury verdict and ordered a new trial. In her written decision, she indicated that she agreed the indictments should have been severed, and also said that the Bikers Against Child Abuse’s presence was an issue at the trial, according to the District Attorney’s Office.

The District Attorney’s Office filed a “Motion for Reconsideration” because there wasn’t any evidence in the record supporting Judge Sullivan’s claim that the Bikers Against Child Abuses’ presence was disruptive. The court denied the motion without a hearing, according to the District Attorney’s Office.

The guilty verdict by the jury was then set aside by the court, and Souza was released from custody, but the Commonwealth is appealing this decision.

“In my over 36 years of practicing law, I have never seen a judge deliberately nullify a unanimous jury verdict without giving the District Attorney’s Office the right to a full hearing,” Quinn said.