No felony charges are coming after an alleged battery incident involving at least one member of the Emporia High football team shortly before the season began.
Lyon County Attorney Marc Goodman tells KVOE News there were “innumerable interviews” as part of the ongoing investigation involving his office and Emporia Police. He says there was “no evidence to support the filing of felony charges.”
When asked whether misdemeanors were filed, Goodman says he can’t confirm or deny any charges — and he says that’s directly connected to a change in juvenile law from six years ago. No information about misdemeanor juvenile charges can be announced unless a summons or warrant is served, and warrants and summonses aren’t served unless there is a juvenile offender case filed. The 2016 change includes juveniles with no criminal record or prior adjudications, giving them a chance to take part in a confidential Immediate Intervention Program.
The decision was made Thursday and announced Friday, after the team ended its season with a playoff loss to Blue Valley Southwest, but Goodman and Assisstant County Attorney Meghan Morgan say there was no connection to the two events.
Goodman says his attorneys “don’t time” their decisions based on anything other than how the facts of specific cases unfold.
Emporia Police received a report back in late August and later released paperwork indicating the involvement of a so-called “personal weapon,” meaning a hand or foot as opposed to other kinds of weapons like guns, knives or clubs. Officers have not confirmed any other information about the case.
Hours after the decision was announced, USD 253 Emporia Superintendent Allison Anderson Harder issued the following statement:
“The district learned today that the law enforcement investigation into alleged student misconduct at Emporia High School will not result in felony charges.
The law allows very little information to be released in cases involving juveniles, but the district remains committed to cooperating with law enforcement and the county attorney in whatever way is needed.
Nothing matters more to us than the well-being of every student. Accomplishing that takes a partnership between our teachers and staff, students and families, and community partners. And we are truly grateful to everyone who plays a role, big or small, in this effort.”
In late September, Board of Education President Leslie Seeley read a prepared statement saying the district recognizes the “deep level of concern people in our community are experiencing” with the alleged incident. Seeley said the district also continues working with law enforcement and legal counsel, and it was important to maintain confidentiality while that process moves along.
