A sexual misconduct charge against former Mayfield High School educational assistant and volunteer coach Christopher Brooks was dismissed when the alleged victim didn't show up for the trial that was set to begin Monday, the Las Cruces Sun-News reported.

Brooks, 32, had been charged with one count of third-degree criminal sexual penetration for allegedly molesting a then-18-year-old boy in July 2006, the Sun-News said.

"We appeared for trial (Monday) morning and the victim did not appear," said District Attorney Susana Martinez, who said prosecutors have been trying to contact the alleged victim, who was under subpoena to testify.

The case was dismissed without prejudice but may be re-filed once prosecutors can determine why the alleged victim did not appear, Martinez told the Sun-News.

Brooks was an educational assistant and a volunteer coach for the junior varsity and track teams at Mayfield High School, but he resigned on Nov. 16, 2006, a few days before he was charged, the Sun-News said.

Court documents allege that the then-18-year-old told police that Brooks often asked explicit photos of the teen, and that on July 1, 2006, Brooks allegedly asked the teen out for dinner but took him to his apartment instead, the Sun-News reported.

Brooks admitted that the teen visited his apartment but denied the sexual allegations, the paper said.

According to the Sun-News, Brooks has another case pending for allegedly giving alcohol to minors. 

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