Henry Sanchez, 18 (pictured) , and his co-defendant Jose Montano, 17, if Maryland, had rape charges against them dropped due to lack of evidence on Friday.
Maryland prosecutors have dropped charges against two undocumented teenage boys accused of raping and sodomizing a classmate in a high school bathroom.
Montgomery County State’s Attorney John McCarthy told a judge Friday that after an investigation, authorities are dropping rape and sex offense counts against 17-year-old Jose Montano, who was charged as an adult.
He and 18-year-old Henry Sanchez, both of whom were in the US illegally, were charged in the alleged assault the girl at Rockville High School in March.
McCarthy said at a news conference this morning that the same charges against Sanchez also are being dropped due to lack of evidence.
‚We have concluded that the facts in this case do not support the original charges filed in this matter, ‚ he told reporters. ‚Due to the lack of corroboration and substantial inconsistencies from the facts that we have obtained from multiple sources since the filing of the original charging document, the original charges cannot be sustained, and prosecution on those charges is untenable.‘
The 18-year-old now faces new charges of child pornography possession and distribution.
Attorney Maria Mena says Montano also face child pornography charges in juvenile court.
The new criminal counts are stemming from explicit photos defense attorneys say the girl sent to Montano, which he then shared with Sanchez.
The rape case sparked national headlines after the White House called it an example of why President Donald Trump wants to crack down on illegal immigration.
The pair were arrested on March 16 after the 14-year-old girl went to the police claiming that Montano and Sanchez-Milian took turns raping her inside a boys‘ bathroom after she rejected their sexual advances.
According to court documents filed in the case at the time, the freshman knew only one of the teens, Montano, who allegedly asked her for a hug, then slapped her butt and asked her to walk with them.
As the trio were passing by a boys‘ bathroom on the way to the gym, the 17-year-old Montano repeatedly asked the girl to have sex with him and his friend, and when she refused they allegedly forced her into the restroom.
The probable cause document described the assault in extremely graphic detail, recounting how the alleged victim grabbed onto a sink to avoid being forced into a stall, but the two suspects shoved her inside.
Once in the stall, the document stated that Montano allegedly opened the girl’s top and ‚pulled her breasts out to play with, ‚ then unbuckled her pants and pulled them down.
The two teenagers then allegedly proceeded to take turns holding down the young girl while forcing her to perform oral sex on them and raping her both vaginally and anally on the toilet multiple times while communicating with one another in Spanish.
Throughout the ordeal, the document stated, the victim screamed out in pain and repeatedly told her friend Montano, and Sanchez-Milian to stop.
After the attack, police said Sanchez-Milian covered the victim’s head with his coat and led her out of the bathroom as Montano ordered her to be quiet.
The freshman girl immediately reported the assault to school administrators and law enforcement officials were summoned to the scene to investigate.
Montgomery County Public Schools has been besieged by hundreds of racist and xenophobic calls in the wake of the incident. In response, schools beefed up police presence in an attempt to reassure the anxious community.
During a preliminary hearing in late March, Andrew Jezic, Sanchez’s lawyer, told the court that the sexual encounter between his client and the girl was ‚pre-planned‘ and consensual.
Sanchez, who is from Guatemala, came to the US illegally in August and was encountered by a US Border Patrol agent in Texas, federal immigration officials said.
He was eventually released to live with his father, Adolfo Sanchez-Reyes, 43, who was taken away by ICE agents in late March for illegally immigrating to Jessup, Maryland, from Guatemala.
Immigration and Customs Enforcement won’t report on Montano’s immigration status as he is a minor.
Montano arrived El Salvador about eight months ago to live with his relatives who are reportedly US citizens.
