FREEHOLD, N.J. (CBSNewYork/AP) — A judge has rejected a defense request to dismiss two aggravated sexual assault counts against an 18-year-old New Jersey man accused of killing his 11-year-old neighbor last summer.

The public defenders representing Andreas Erazo claim prosecutors failed to present sufficient evidence to a grand jury to support the charges. But state Superior Court Judge David Bauman has ruled that a grand jury could reasonably infer that Abbiegail Smith was sexually assaulted based on the state of her clothing, noting her pants were inside out and her underwear was wrapped around one pant leg and torn.

f4a21c0e80c547589a920cc4c2615bf6 Judge Wont Dismiss Sex Assault Counts In Keansburg Childs Slaying

Keansburg, NJ murder suspect Andreas Erazo in court. (credit: CBS2)

Erazo also is charged with murder and other counts. He’s pleaded not guilty to all charges.

Smith was reported missing July 12. Her body was found the next morning wrapped in a comforter near the apartment building where both lived in Keansburg.

(© Copyright 2017 CBS Broadcasting Inc. All Rights Reserved. The Associated Press contributed to this report.)

More From CBS New York

Download Weather App
Bloomberg WCBS Tri-State Business Index
Hear It On Demand

Watch & Listen LIVE