2nd officer won’t face prosecution for sex with student|[6/23/06]
Published 12:00 am Friday, June 23, 2006
A second police officer facing a sexual battery indictment will not be prosecuted.
Following a jury acquittal last week of Anthony Lane, 29, on the charge of having a consensual relationship with a 17-year-old Vicksburg High student, Bobby Jones, 32, will not be tried for a later relationship with the same girl, who has since graduated.
“The jury verdict indicates that the jury did not find the defendant to be in a position of trust or authority as required by the statute,” District Attorney Gil Martin wrote in a motion to dismiss the charges against Jones, which was approved.
Separately Thursday, the Vicksburg Warren School District Board of Trustees, which had not been involved in the case, adopted a public statement – specifically related to Lane, who was assigned to VHS as a resource officer when he met the girl and the relationship ensued in June 2004.
“The Vicksburg Warren School District Board of Trustees wishes to be of record taking the position that school resource officers are in fact in a position of trust and authority as far as any interaction with our students and should be held to the same high standards of behavior as any teacher or administrator,” it said.
The Vicksburg Police Department assigns one officer each to three public schools in the city.
Jones was not assigned to a school, but grand jurors still charged him under the battery statute that raises the age of consent from 16 to 18 if the adult is “in a position of trust or authority.” The code section lists several example roles, including teacher and counselor, but does not include police officer.
Testimony in Lane’s trial lasted one day and included the student’s saying she invited the relationship and Police Chief Tommy Moffett saying he thought the conduct was wrong, but not criminal.
At the time the acts were reported, Moffett gave Lane a 20-day suspension for “conduct unbecoming an officer” and Jones no discipline.
“The district attorney has communicated with the victim in this case,” Martin’s motion said. “The victim does not wish charges to proceed against Bobby Jones. It is her statement that she met the defendant under circumstances outside his role as a police officer.”
On Thursday, Martin said, “In view of the case, we felt like we had no choice but to dismiss it. We felt like we couldn’t win it. It was the weaker of the two cases from the standpoint of position of trust or authority.”
Both officers were indicted in July and have been suspended since then. Associate City Attorney Walterine Langford said the city board and officials from the city’s legal, police and human-resources departments would meet to decide on any reinstatement request that may be made.
Lane and Jones had worked as police officers for about five years each.