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."
ping
kids will be kids
In Texas we abide by Texas law. If I recall correctly, one can be tried as an adult if 16 years old.
You beat me to it.
Three Rivers Salsa Festival starts today.
He's an adult in Texas.
1st degree felony.
The "bent one's" legacy lives on!
I've seen 17 year olds with 12 year old girlfriends in South Texas - unfortunately, it's a parental & family problem....The law wouldnt get involved, of course. However, since this incident was videotaped on school property, I would think the law should have prevailed. I can imagine the make-up of the grand jury had a lot to do with this situation....
We need to start requiring parental licensing classes, like driver's ed, so that parents like hers could have their certification revoked.
He's considered an adult under those charges in Texas.
LOL! Yeah....I figured you were gonna catch this article if I didnt get it first.
I believe I've been to the Salsa Festival only once in my life - maybe back in '94 or '95 when it was held at the city park along the Frio. It was a nice small gathering then.
True. It's goes back to culture.
South Texas Salsa!
Please FReepmail me if you want on or off this South Texas/Mexico ping list.
Maybe the grand jury was all illegals
Just damn...
Nothing would surprise me these days.
Or better question:
Maybe the 2 students were illegals and the grand jury didnt want to interfere?
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