BUCKEYE, AZ (AZFamily) – Prosecutors have decided not to file charges against a West Valley school principal who was under investigation by the FBI.
Buckeye Union High School Principal Joe Kinney was placed on leave after Buckeye Union High School District Superintendent Dr. Steve Bebee said officials discovered that detectives were investigating Kinney for “a personal matter unrelated to his work for the school or the district” and that the FBI was involved.
Arizona’s family has learned that prosecutors have decided to drop the case because there is “no reasonable likelihood of conviction.”
The previous allegations against Kinney remained a central focus at a Buckeye Union High School board meeting Monday night.
During the meeting, the board also voted to fire Kinney.
The Maricopa County Attorney’s Office released the following statement on the case.
The crime of solicitation requires proof that the suspect knew or should have known that the person with whom he was communicating was a minor (under 18 years of age).
In this case there was no minor; the communication took place with an undercover investigator.
Although the crime of luring can be committed when a suspect communicates with an undercover agent, there must be evidence that the suspect believes he or she is directing his or her communication to a minor. Evidence of this belief or intent is often provided by other actions or comments. Based on the evidence available in this case, the State cannot prove that the suspect intended to lure a minor for sexual exploitation.
In addition, the undercover agent gave the suspect a photograph to prove that she was under 18 years old. However, the photograph alone was not enough to prove her underage status.
To prove intent, prosecutors need evidence that the suspect intended to engage in sexual activity with a minor. Such evidence did not exist in this case. The undercover agent and the suspect were not in the same state, and the investigative steps normally taken to prove that intent in court were not taken in this case.
Arizona’s family has contacted the FBI for more information on the status of the case and to learn whether the case will be retried on other related charges.
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