BUFFALO, N.Y. (WKBW) — A misdemeanor charge has been filed following an investigation into an alleged sexual assault involving a Nichols School student.
The Erie County District Attorney's Office announced it concluded its investigation into the alleged assault that occurred at a home in the Town of Amherst in November 2021. In a statement, Erie County District Attorney John Flynn wrote, "it has been determined that there is not sufficient evidence to prove the elements of a felony charge beyond a reasonable doubt in a court of law."
A misdemeanor charge was filed by Amherst police against an adolescent male, who was 17 years old at the time of the alleged crime, and the case has been moved to Family Court. Amherst police tell 7 News the charge is Penal Law 130.20-1, which is “Sexual Misconduct (Sexual Intercourse; Incapacity to Consent)” and Flynn later confirmed both the suspect and victim are Nichols Schools students.
7 News reached out to Nichols School for comment, a spokesperson said "at this time, we have no further comment."
In December, dozens of students temporarily walked out of the school in protest of "lack of action" by school officials to address the allegations. At the time a spokesperson for the school sent a statement explaining, "as a school, one of the ways we support our students is by respecting our students’ character and their right to assemble."
You can read a full statement from Flynn below:
When this matter came to our attention, senior prosecutors in my office’s Special Victims/Domestic Violence Bureau conducted a thorough investigation into this matter with the Amherst Police Department.
After reviewing all of the evidence and interviewing numerous individuals, it has been determined that there is not sufficient evidence to prove the elements of a felony charge beyond a reasonable doubt in a court of law. Today, the Amherst Police Department filed a misdemeanor charge against an adolescent male who was 17-years-old at the time of the alleged crime.
By operation of law, any adolescent, under the age of 18, who is charged with a misdemeanor offense is adjudicated in Family Court. We have met with the victim and their parent to explain the outcome of our investigation. My office no longer has jurisdiction over this case.