Posted on 04/01/2006 5:46:46 AM PST by texianyankee
Three Rivers aghast at lack of indictment in taped sex on bus
THREE RIVERS Police in this small South Texas town are reeling in disbelief after a grand jury failed to indict a 17-year-old boy who was videotaped having sex with a 12-year-old girl on a school bus.
Police Chief Vance Roberts said the case was a "slam dunk," with the videotape serving as indisputable proof.
"I don't know what went wrong," Roberts said this week. "I haven't a clue.
"I felt like it was a strong case. I felt like it was a case that needed to be indicted, and I feel like the 17-year-old needs to face up to the charges."
The grand jury decided otherwise.
Because grand jury proceedings are secret, it's unknown how the 12-member panel reached its decision to "no bill" Rolando Zuniga, who was charged with felony sexual assault after the Sept. 30 incident.
But the decision in March sent shockwaves through the community.
"It's a shocker," said Three Rivers Municipal Court Judge Dawn Benham, who's also president of the town's PTA. "There is no other way to explain it."
The police chief said he asked District Attorney Martha Warner this week to consider presenting the case again to the grand jury.
Warner, district attorney for the 156th Judicial District with Live Oak, Bee and McMullen counties, said the decision surprised her but she wouldn't ask the grand jury to reconsider the case unless jurors asked to or unless there was new evidence to present.
"If the grand jury wants to revisit the case, I will do that," she said. "If they want to look at it again, they're more than welcome to do so. But, so far, I haven't received any calls from them."
Warner said she can't discuss what was presented before the grand jury.
Benham said she wouldn't have issued an arrest warrant for Zuniga last fall if she felt there wasn't enough evidence. She said the video from the school bus security camera was the most compelling.
"It was there," she said. "It was all in black and white."
Zuniga was arrested Oct. 1, the day after the 12-year-old girl performed oral sex on him while in the school bus, according to court documents.
Roberts said it was 7:30 a.m., and the bus had arrived at the Three Rivers school complex. Because Three Rivers is a small, close-knit town popular for its hunting and fishing students from the district's high school and lower grades are bused together to the clustered schools.
Roberts said the incident occurred after the other students got off the bus. He said the girl stood up and it appeared she was walking toward the front of the bus when the driver left, but instead she returned and sat next to Zuniga.
On the bus surveillance tape, the two can be seen looking around as if to make sure no one was watching.
Three Rivers Superintendent Mac Johanson said the district's bus foreman checked the videotape at the end of the day and notified authorities.
No disciplinary action was taken against the bus driver, Johanson said.
Roberts said that when the students were confronted, they admitted the encounter. The girl said it was consensual and that they were dating.
Zuniga couldn't be reached for comment. His mother referred questions to their attorney, Manuel Montes of San Antonio, who didn't return repeated phone calls to his office.
"We're not happy about it," high school Principal Kenneth Rohrbach said of the grand jury's decision. "We took the appropriate disciplinary action."
School officials declined to say what action was taken against Zuniga, but his mother, who declined to give her name, said he was expelled.
Warner, the district attorney, said she has spoken with the girl's parents and they weren't upset over the grand jury's decision.
"They want it to go away," she said. "Don't get me wrong, they don't condone what happened."
Sgt. Dick Poore, who investigated the incident, said it doesn't matter if the sex was consensual or how the family feels about Zuniga. He said it is illegal for an adult to have sex with a 12-year-old.
"If they want to change the law," Poore said, "they need to go through the state of Texas and have it changed."
"I've yet to hear an outcry. This is the first I ever heard of this story. We'll see what happens - nothing probably."
You haven't been getting my e-mails?
The Progress broke the story week before last.
This is the follow up story:
TR POLICE CHIEF WANTS GRAND JURY TO TAKE SECOND LOOK AT SEX-ON-BUS CASE
But District Attorney says she cannot resubmit the case to grand jury without being asked to do so by grand jury first
http://www.the-progress.com/story2.shtml
Jeorge and the SAE-N didn't mention The Progress.
We've sowed the wind, were reaping the whirlwind.
I musta overlooked it.....sorry.
The Grand Jury probably felt this fell into the category of "shaking hands".
Think back to the OJ trial...the case was lost when they moved the trial to LA and a majority black jury was assured. I can only assume that the grand jury in this case felt like they had a great deal in common with the 17 year old i.e. they were hispanics. Jury nullificaton... in the new Balcanized America.
Since when is oral sex "sex?"
Didn't Bill Clinton establish that "is" isn't and that "sex" isn't?
This young man was simply teaching the little girl how to be a good intern for our next democrat president.
Clinton legacy.
Tell that to Tom Delay.
I suspect that in this particular case since it is a small community, most of the people on the GJ knew one or both of these kids. And I also suspect that one of the reasons he was no-billed may have been the fact that he would have been on the sex offender list for the rest of his life. I don't agree with their actions but I can see how some of them could be persuaded in that direction. Especially since, according to the story, she was a willing partner.
And I know she is under the age of consent but this does seems to be pretty common with some of our young people nowadays.
"It was there," she said. "It was all in black and white."
There's the problem with the video, the accused is hispanic.
This surprises me that it even got as far a grand jury. It was not rape as she was all about servicing him so I don't see the legality of charging him. Another waste of tax payer money. I think the parents should take care of this.
OJ jury rules HS BJ incident OK.
Besides that BJ's are not sex so what is the problem? Sarc.
I thought this would be mentioned in post two or three. It took until post eight. Yep, Slick Willie slips another one in on the U.S. public.
He and Carter are the gifts that keep on giving.
Please Lord, have mercy. With all that thunder and lightening. Can't You spare wo good bolts for a good cause?
Didn't Ronnie Earle take Tom DeLay's case to three Grand Juries before he found one that would issue an indictment?
Jack
"Maybe the grand jury was all illegals"
How can you jump to such a conclusion? Just because there are Hispanic names or Hispanics mentioned DOES NOT automatically mean they are illegals. What a jump.
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