SPOKANE, Wash. — A judge declared a mistrial for Sgt. Gordon Ennis on Monday. Ennis faces a rape charge stemming from a 2015 incident a house party.

A judge declared a mistrial Monday after jury misconduct.

Ennis is accused of sexually assaulting a fellow female officer at a house party in October 2015. He was charged with second degree rape. Investigators also charged another officer, Sgt. John Gately after alleging Gately tipped off Ennis that a search warrant for his DNA was coming, and as a result Ennis cut his fingernails extremely short.

Records state Ennis and the victim both attended a party at the house of a Spokane Police officer. The victim described herself as "very intoxicated" to detectives and said she passed out in a guest bedroom after the party. Court documents said she woke up to the suspect touching her inappropriately.

In May, a jury determined that they could not come to a verdict for Gately in a reasonable amount of time and a judge declared a mistrial. The Spokane Prosecutor’s Office said they would not re-file charges against him in May of last year.

The trial for Ennis was just underway this month and had not yet finished jury selection before a mistrial was declared.