PROSPER (CBSDFW.COM) – After some nine months of accusations and the arrest of five teenagers in the town of Prosper last year, a grand jury has heard evidence in a sexual assault case and handed up their decision.
The Collin County grand jury gave a ‘no-bill’ or cleared three juveniles and chose to ‘pass’ on indicting the two others charged as adults. Both Garrick White and Darius Hunter were 17-years-old when they were charged with Sexual Assault of a Child.
The fate of White and Hunter, son of major league baseball player Torii Hunter, is still undetermined since the grand jury pass simply means that more information is needed before a decision to clear or prosecute can be made.
All of the allegations center around the events at a party held at a Prosper apartment on May 4, 2012. It was then that at least two girls claimed the five boys gave them drugs and then forced them to have sex.
From the onset Todd Shapiro, the attorney representing Darius Hunter, has insisted his client was innocent. In addition to the teen’s assertion of not assaulting anyone, Shapiro presented audio proof.
On the phone conversation that Shapiro said the Hunter family recorded, the alleged victim recanted her story that she was sexually assaulted. Last year Shapiro told the media about the call. “The questions were, ‘Were any sex acts forced on you?’ She said ‘absolutely not.’ ‘Did he ever force you to have any sex?’ She said ‘absolutely not.’ She went on to talk about [how] this is blown way out of proportion and she can’t believe all the things that have been said.” The conversation allegedly lasted about 10 minutes.
Criminal defense attorney Toby Shook does not think indictments will ever be handed-up. “The facts are the same in all these cases; they all stem out of the same incident, so I think the grand jury probably has everything they’re gonna look at.”
Shook told KRLD NewsRadio 1080, “I would bet that you’ll never hear from that case again. The only way they would probably indict in this case would be if they found some additional evidence or a witness, which I couldn’t imagine they would have after this length of delay.”
Both White and Hunter, now 18-years-old, have been attending an alternative school since being arrested. They are seniors scheduled to graduate from high school this year.
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