QUEEN CREEK, AZ — The Maricopa County Attorney's Office has confirmed they will not be filing charges against the homeowners that hosted the Halloween Party where Preston Lord was just before his attack.
ABC15 has reported that the 16-year-old was beaten as he was leaving an out-of-control party on October 28, 2023. Preston was taken to a hospital where he died two days later.
In December, misdemeanor charges were submitted to the county attorney's office by the Queen Creek Police Department. The recommendations include charges for contributing to the delinquency of a minor and criminal nuisance. ABC15 was told by Queen Creek Police Chief Randy Brice that the statute of limitations for that submittal was one year.
ABC15 stopped by the house on Tuesday to see if crews could speak with the homeowners, but no one answered the door. Our team also reached out to an attorney representing the couple, who is now named in two civil suits.
One was filed by Preston Lord's parents this past summer, but a new one was just filed this month by a separate family. ABC15 is not reporting the name of the family right now, but the suit claims their son was also attacked leaving the same party.
"The homeowners are almost always named in suits like this because that's where the money is," said attorney Dwane Cates. "That's where the insurance company, their homeowner's insurance, will probably cover this."
Cates is not involved in Preston's case but walked our team through Tuesday's charging decision.
The civil suit names the seven suspects already charged in Preston's murder case, and some of their parents. It alleges various claims including aggravated assault, conspiracy to commit battery, intentional infliction of emotional distress, and negligence. The lawsuit also names the Gilbert and Queen Creek Police Departments.
Our team has reached out to the attorney who filed the civil suit on behalf of the victim's family regarding an interview or comment.
ABC15 asked Cates if this charging decision would impact any civil cases.
"No, because there's two different standards," said Cates. "On a criminal case, it's beyond a reasonable doubt. In a civil case, it's more likely than not."
MORE: Queen Creek Police Chief reflects on Preston Lord investigation nearly one year later
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Tuesday, MCAO provided a letter that explained its decision:
"The evidence establishes that the suspect parents permitted their teenage daughters to have what was intended to be a party or gathering among known friends," the letter says. "There is no evidence that the parents furnished or supplied alcohol to minors or took any action with the intent to encourage minors to drink or engage in criminal activity. The evidence shows that the parents broke up the party and ejected attendees after a fight broke out. (This was a fight unrelated to the Preston Lord attack that occurred off the property)."
It also said the evidence submitted indicates that the party lasted no more than 45 minutes before the parents broke up the party.
"...the parents did not invite nor permit their children to invite the majority of the teenagers who attended the party. While the parents’ failures to carefully manage their property and act sooner than the lapse of 40 to 45 minutes are not ideal, these lapses do not rise to the level of crimes under the law. MCAO also considered filing a charge under the disorderly conduct statute. However, the evidence does not establish that the parents intended to disturb the peace of a person or neighborhood as required by law. In addition, even though the peace of others was disturbed, that disturbance was due to the intentional actions of others, not those of the parents."
MORE: Preston Lord's parents sit down with ABC15 in first one-on-one interview
ABC15 is not naming the homeowners since they have not been charged with a crime. Our team has also reached out to the Lord family attorney for their reaction to the announcement.
Queen Creek Police Chief Randy Brice shared also shared a statement with ABC15:
"The Queen Creek Police Department (QCPD) has been notified that the Maricopa County Attorney's Office (MCAO) has decided to turn down the charges submitted against the homeowners of the party that Preston Lord attended before his attack
on Oct. 28, 2023.
We understand that this decision is disappointing for Preston's family, friends, and our community. We respect the legal process and understand that determining charges is critical to the justice system. Our role as law enforcement is to enforce the laws, and we will continue to do so.
QCPD remains committed to getting justice for Preston and his family. We remain focused on the primary case and the seven individuals charged with first-degree murder. We will continue to support MCAO as the case continues to move forward.
QCPD is dedicated to ensuring the safety of the community that we proudly serve every day. We are fully committed to investigating all reported crimes and will work tirelessly to pursue justice for victims and their families."
