Recent DNA tests confirmed that a Conroe man sexually assaulted a 13-year-old girl in 1986.
It's the same crime for which his innocent older brother spent 18 years behind bars.
Montgomery County prosecutor Marc Brumberger says the statute of limitations has expired and it's too late to try 36-year-old Charles Mumphrey.
Charles Mumphrey's brother, 43-year-old Arthur Mumphrey, was released from prison last year based on DNA evidence that cleared him of the crime.
He was pardoned by Governor Rick Perry and awarded 450-thousand dollars in restitution from the state.
DNA test results released last week showed Charles Mumphrey committed the crime, as he had already told an investigator last year.
Yesterday, Charles Mumphrey says he wants to apologize to the victim, her family and his older brother.
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