Maricopa County Attorney’s Office has confirmed charges against MSCO deputy arrested for unlawful sexual conduct have been dropped.
Deputy Gary Kaplan was arrested on Sunday October 3.
In a statement from MCAO, they say they are unable to file charges in the case.
"The facts surrounding this matter do not meet the statutory requirements for Unlawful Sexual Conduct, A.R.S. 13-1412, which states that it is a crime for a peace officer to engage in sexual conduct with the subject of an investigation," the statement says. "This in no way diminishes the alleged conduct. We are extremely concerned and shaken any time a peace officer violates the trust given to them by the community, especially members of the community who go to them for assistance."
According to police documents, Kaplan engaged in sex acts with a victim of domestic violence while her case was still open.
Evidence recovered from text messages showed that Kaplan admitted to having sex with the woman and offered to pay for an abortion after he was told she was pregnant.
MCAO says the victim involved is not the subject of the investigation.
In a statement from MCSO Sheriff Paul Penzone he says, "We respect the decision of MCAO, but do not comment on current investigations where factors are still under review."
MCAO also says they are discussing whether to seek a legislative change to the Unlawful Sexual Conduct statute.
