BUFFALO, N.Y. — Erie County District Attorney John J. Flynn issued a statement about his office's investigation into an incident that spurred protests by students at Nichols School last November.
The District Attorney's office and Amherst Police investigated allegations that a student was sexually assaulted by another student at a home in Amherst.
About 200 Nichols students walked out of school back in December, protesting the school’s lack of action regarding allegations that a student was sexually assaulted by another student off campus.
Flynn said that there was not enough evidence of a felony charge. The student, who is not being named due to his age, is facing a misdemeanor charge that will be heard in family court.
Here is Flynn's full statement:
“When this matter came to our attention, senior prosecutors in my office’s Special Victims/Domestic Violence Bureau conducted a thorough investigation into this matter with the Amherst Police Department.
After reviewing all of the evidence and interviewing numerous individuals, it has been determined that there is not sufficient evidence to prove the elements of a felony charge beyond a reasonable doubt in a court of law. Today, the Amherst Police Department filed a misdemeanor charge against an adolescent male who was 17-years-old at the time of the alleged crime.
By operation of law, any adolescent, under the age of 18, who is charged with a misdemeanor offense is adjudicated in Family Court. We have met with the victim and their parent to explain the outcome of our investigation. My office no longer has jurisdiction over this case.”