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Student won’t be charged in alleged assault

January 18, 2013
By TYLER REYNARD - Special to the Herald-Star , The Herald-Star

WHEELING - The Ohio County Prosecutor's Office will not file criminal charges against a Wheeling Park High School student accused of sexually assaulting a female classmate last month at the school.

"I've spoken with the detective, and there will be no criminal charges filed," Prosecutor Scott Smith said on Thursday. "Based on the investigation, we did not think we would be successful in securing a conviction."

Smith said he notified the accuser and her family, as well as the attorney of the 18-year-old male student, of his decision not to file charges within the past 10 days. He would not disclose if the accuser had filed a domestic violence protective order against her classmate.

According to Smith, a member of his office met with the Wheeling police detective leading the investigation between six and 10 times since the alleged incident occurred on Dec. 13.

Police said the two students were together after class hours at the high school that day, in a building that was off-limits to students. They reportedly were acquainted with each other prior to the incident.

While still at the school, the girl told fellow students that she had been victimized by the 18-year-old. Those students reported it to school administrators, who subsequently contacted police.

Investigators collected physical evidence from the girl's medical examination at Wheeling Hospital, and police interviewed her multiple times that day, along with other witnesses at the school.

 
 

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