BUCKEYE, AZ — The Maricopa County Attorney's Office announced Monday that the case against the former Buckeye Union High School principal has been turned down.
Joe Kinney was arrested last week, accused of attempting to lure a child online.
Kinney was accused of using a social media app to communicate with an undercover officer who was posing as a 12-year-old girl.
During a school board meeting on Monday, the Buckeye Union High School District approved Kinney's termination.
In a statement, MCAO said, "Based on the available evidence in this case, the State is unable to prove the suspect was intending to lure a minor for Sexual Exploitation."
The FBI was able to track the messages to Kinney, and his phone was seized during a traffic stop.
Kinney allegedly admitted to talking to people who claimed to be children online but said that he just thought it was a "fantasy" and that he never intended to go through with any acts with children.
Read the full statement below:
"The Maricopa County Attorney’s Office turned down this case for no reasonable likelihood of conviction. The crime of luring requires proof that the suspect knew or should have known that the person he was communicating with was a minor (under 18). In this case, there was no actual minor; the communication was with an undercover officer. While the crime of luring can be committed when a suspect is communicating with an undercover officer, there must be proof that a suspect believes he or she is directing their communications to a minor. Proving belief or intent is often achieved through other actions or comments. Based on the available evidence in this case, the State is unable to prove the suspect was intending to lure a minor for Sexual Exploitation. In addition, the undercover officer provided a photo to the suspect to show that she was under the age of 18. However, the photo itself was insufficient to prove she was underage. In order to demonstrate intent, prosecutors require evidence that the suspect intended to follow through and engage in sexual conduct with a minor. There was no such evidence in this case. The undercover officer and the suspect were not in the same state, and the investigative steps normally used to prove this intent in court were not taken in this case."
“The suspect really did himself a favor by telling the police department when he was interviewed that he never thought that the officer he was speaking to was a real 12-year-old girl,” said Joshua Kolsrud, a former deputy Coconino County attorney.
Kolsrud worked multiple sex crime cases in Coconino County. He says defendants in cases like this frequently say they were only engaging in fantasy and role-playing.
Court documents show Kinney told police just that, and that he would never engage in sexual acts with a child.
“It makes the prosecutor's job much tougher to show that he was actually soliciting sex from somebody who he thought was a minor child,” said Kolsrud.
So what happens next?
ABC15 is learning the state board of education, which oversees educator discipline in Arizona, is investigating Kinney. Executive Director Sean Ross says while their authority covers the illegal activities of the accused, it also expands to immoral or unprofessional conduct.
That means Kinney could yet face consequences, including having his teaching certifications revoked.
“So even if there’s not enough evidence for a criminal prosecution, which is a very high bar, there might be enough evidence to take away the certificate,” said Tom Horne, the Arizona superintendent.
Should the board give out discipline, Kinney would also end up on a national educator database, which would detail what happened.
Ross said that less than one percent of educators in Arizona ever face discipline.
