Buffalo, NY (WBEN) Erie County District Attorney John Flynn says he has completed an investigation into alleged sexual misconduct off-campus by a Nichols School student that prompted a walkout in December.
Flynn tells WBEN the matter will go to family court.
The DA was informed by Amherst Police about a potential sexual misconduct charge that involved two students from Nichols, prompting the probe. "The allegation was was that a male student had sexually assaulted a female student at a home, not on school grounds, not during school, it was allegedly at a home in Amherst back in November. My office along the Amherst Police Department conducted a extremely thorough investigation. And I came to the conclusion that there was not enough evidence to prove in a court of law beyond a reasonable doubt that any felony charges had occurred," says Flynn. However, he found a misdemeanor charge was appropriate in the case.
Flynn says he cannot specify the charge. "Due to the fact of the raise the age law, any misdemeanor charge is not in my jurisdiction, that misdemeanor charges automatically go to family court, I have no jurisdiction and family court. So at this stage of the game, I have nothing more to do to it," explains Flynn.
Flynn says the accuser's family was informed. "They were not unhappy at all. And they and they have expressed to my staff, that they are satisfied that the matter is being handled as a misdemeanor and being handled in the family court," says Flynn. He notes the party began in North Buffalo, then moved to a home in Amherst. "There was a lot of drinking involved. And anytime that you have alcohol involved, you have people who don't remember things and you have sporadic information that comes forward. And again, I know in order to prove felony charges here, I need beyond a reasonable doubt evidence and beyond a reasonable doubt information. And for felony charges. I clearly did not have that," notes Flynn.
Responding to the protests in December, Flynn says Nichols did the right thing. "When they found out about it. They merely called the parent and then the parent notified Amhurst and myself and we took it from there," says Flynn.
Flynn says Amherst Police have charged a 17 year old who will return to Family Court on February 28th.
