Rape charges against two illegal immigrants accused of sexually assaulting a 14-year-old female student at Rockville High School have been dropped.
The judge granted the request of prosecutors Friday to have the sexual assault charges against Jose Henry Sanchez Milian, 18, and Montano, 17, be dropped.
After reviewing surveillance video and speaking to witnesses, Maryland state prosecutors concluded that facts do not back the rape charge. The state will instead file child pornography charges against the suspects in juvenile court.
The two suspects were charged as adults in the rape case and have been held without bond since their capture.
The latest pornography charges are related to lewd pictures the victim allegedly sent to Montano, who then sent them to Sanchez Milian.
Authorities say Sanchez Milian came to the U.S. from Guatemala illegally on his own. Montano’s attorneys say he came from El Salvador, where most of the members of the hyperviolent MS-13 gang come from.
The Daily Caller reports:
The two defendants had just entered the United States illegally a few months prior to the alleged assault, leading to feverish debate on sanctuary cities and illegal immigration.
John McCarthy, the state’s attorney, confirmed in court on Friday that Montano will be re-detained as a juvenile on child porn charges over lewd images of the girl on his cellphone. Milian will face child porn charges as well.