Randy McIlwain, NBC 5 News
Two months after five teenage boys in Prosper were arrested in a sex scandal involving female classmates, the Collin County District Attorneys office has yet to see the case filed.
The attorney of a 17-year-old boy accused of sexual assault in Prosper is questioning why the case has not yet been filed.
Five Prosper High School students were arrested in connection with two allegations of sexual assault in May.
Darius McClinton-Hunter, 17, and two juvenile boys face charges in the sexual assault of a classmate. Garrick White, 17, and another juvenile boy face charges in the sexual assault of another girl at the same time.
The Collin County District Attorney's Office has not seen the files on the cases and cannot make a decision about whether it will prosecute.
"We're ready to try this case tomorrow, but I can't try a case that hasn't been filed," said Todd Shapiro, McClinton-Hunter's attorney.
Prosper police say they are still investigating the cases.
"If you had enough evidence to arrest these young men and you said you've been investigating this case for weeks, why is it taking so long for this case to make it to the DA's office?" Shapiro said.
Investigators blame the delays on the laboratory testing of forensic evidence but confirmed they are only investigating charges from the initial arrests in May.
A few days after McClinton-Hunter's arrest, Shapiro said his client's accuser had recanted the allegations against him during a recorded conversation and that a juvenile co-defendant's testimony backed up the story.
"I want to know what this young lady had to say when the Prosper police took this recording back to her and said, 'Did you say these things? Why and what did they mean?'" Shapiro said.
Shapiro said he has been told the district attorney may get his client's case file next week.
Until the case is decided, McClinton-Hunter cannot attend Prosper High School for his senior year, jeopardizing a college football scholarship.
NBC 5's Randy McIlwain contributed to this report.