CREEK COUNTY, Oklahoma - A man accused of breaking into a home near Sapulpa and sexually assaulting a 4-year-old girl was in court today.

Patrick Misner is charged raping the girl in her bedroom while her mother was asleep in another room in April 2012.

Investigators say the bedroom window had been broken and the family's dog was found stabbed to death.

Court records show the girl's pajamas had been ripped, and a night light in her room had been loosened so it wouldn't shine any light.

Prosecutors originally charged the boyfriend of the little girl's mother in the case, but DNA evidence cleared him of the crime and charges were dropped.

The couple is now married and he since has filed a lawsuit against Creek County.

Investigators say, at the time of the rape, Misner lived in the same mobile home park as the little girl and DNA evidence points to him as the one responsible.

He was arrested in Oregon during the summer, but he was released before Creek County could put a hold on him.

He eventually was arrested again by police in Portland.

The girl is now 6 years old and her family said she's doing much better but still has nightmares and is afraid of the dark.

Misner previously has served time for two separate cases of assault and battery.

He will be in court on Jan. 9 for a non-jury trial.