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State v. Mr. C (DMC 15539)

State v. Mr. C (DMC 15539) – (2 Counts) Felony Sexual Conduct with Minor (DCAC:   23-year old adult/ 12-year old minor) and (1 Count) Felony Child Molestation (DCAC – Not charged) – Cochise County Attorney’s Office turned down; Sierra Vista Police Department Investigated (DR #20XX-XXXX5):

Mr. C was 23-years old and had family members visiting from Texas.  They claimed that while they were in Sierra Vista, that Mr. C molested his 11-year old cousin.  The alleged victim’s mom stated that his sibling claimed that something had occurred between Mr. C and the boy.  The mother had him write down everything that occurred, and the 11-year old used a word that he was touched on his “posterior.”

When Mr. C was questioned, he denied all allegations.  We were able to show the Detectives that what had occurred was, the young boy was caught masturbating and was making up the story because he was embarrassed.  The mother claimed that this was impossible, because she had parental controls on all of her internet home devices, and the child is not allowed to sleep over at other houses where he could ever see any child pornography.  However, then she admitted that she had once caught her son masturbating while he was watching cartoons on TV.  We subsequently had Mr. C take a polygraph examination, which he passed.  All of this information was relayed to the Cochise County Attorney’s Office, and the determination was made that it had appeared the so-called letter written by the child was actually drafted by his mother.  All charges were declined due to “no reasonable likelihood of conviction.”  Originally, Mr. C was facing life in prison if he had been convicted on all charges.

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