BUCKEYE, Ariz. — The Maricopa County Attorney's Office said it has turned down a case against a Buckeye principal who was accused of enticing a minor.
The Buckeye Union High School District Governing Board still voted to fire Joe Kinney on Monday night.
Kinney was placed on administrative leave earlier in September after police allegedly connected him to sexually explicit messages exchanged online with an undercover officer who he thought was a 12-year-old girl, officials said.
Documents claim that Kinney asked the girl for nude photos and made sexually explicit requests. Kinney was reminded by the undercover agent that he was communicating with a 12-year-old girl, documents said.
The suspect allegedly told investigators he thought the conversations were a form of "role-playing" and denied having an attraction to children, records show.
Monday, the Maricopa County Attorney's Office declined to file charges because officials did not believe they could win the case. The office released the following statement:
The Maricopa County Attorney’s Office turned down this case for no reasonable likelihood of conviction.
The crime of luring requires proof that the suspect knew or should have known that the person he was communicating with was a minor (under 18).
In this case, there was no actual minor; the communication was with an undercover officer.
While the crime of luring can be committed when a suspect is communicating with an undercover officer, there must be proof that a suspect believes he or she is directing their communications to a minor. Proving belief or intent is often achieved through other actions or comments. Based on the available evidence in this case, the State is unable to prove the suspect was intending to lure a minor for Sexual Exploitation.
In addition, the undercover officer provided a photo to the suspect to show that she was under the age of 18. However, the photo itself was insufficient to prove she was underage.
In order to demonstrate intent, prosecutors require evidence that the suspect intended to follow through and engage in sexual conduct with a minor. There was no such evidence in this case. The undercover officer and the suspect were not in the same state, and the investigative steps normally used to prove this intent in court were not taken in this case.
This is a developing story. 12News is working to get more information.
Editor's Note: The original version of this story said charges were dropped. Kinney was arrested but never formally charged. This has been updated.
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