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The Hennepin County Attorney’s Office on Friday said it would defer potential charges against a 42-year-old man who had an alleged prearranged sexual encounter with a Champlin Park High School student on school premises Wednesday.
Meanwhile, Brooklyn Park police said Friday the student involved is 19 years old and has special needs.
The county attorney’s office cited the complex nature of the case in its decision to defer charges against David Manito of New Hope, and said prosecutors wanted to allow for further investigation.
At a Friday press conference, Brooklyn Park Deputy Chief Mark Bruley said both Manito and the student were cooperating with investigators.
Brooklyn Park police said Manito carries a Washington driver’s license, but that police learned during processing at Hennepin County jail that Manito is in the United States illegally.
An Immigration and Customs Enforcement official said the agency is aware of his status and plans to take him into custody.
I.C.E. said Friday evening it has officially placed a detainer on Manito. According to the agency Notice to the Detainee, a detainer ‘is a notice from (the Department of Homeland Security) informing law enforcement agencies that DHS intends to assume custody of you after you otherwise would be released from custody.”
Meanwhile, authorities are working with the county attorney’s office to determine the mental capacity of the student and whether he had the ability to consent to a sexual act in this case.
Bruley clarified that Manito was able to access the high school by deceiving security before going to meet the student in a bathroom.
Bruley said an initial sexual encounter occurred before the pair left the restroom. They then met again a short time later in the same bathroom for a second encounter.
Manito was confronted by students shortly after that second encounter and attempted to flee.
Jim Skelly, communications director with Anoka-Hennepin Schools, said a school security guard, a parking lot security officer, a teacher and a school administrator chased Manito down and held him across the street from the school until police arrived.
Police say the two met via the social media app Grindr, and used cell phones to communicate prior to the meeting.
Grindr describes the app as a ‘same-sex guys chat, meet and date’ platform.
Champlin Park High School has since changed its visitor policy to require all visitors be escorted by school officials while on premises.
http://kstp.com/news/champlin-park-press-conference/4422595/