Grand Jury Passes on Decision to Indict Two in Sex Assault Case

The son of a major league baseball star will not have to go to court on sexual assault charges, at least not yet.

Darius McClinton-Hunter, son of major league baseball star Torii Hunter, was arrested May  2012 for sexual assault of a child, along with four of his classmates, at Prosper High School. Prosper police said the male students gave girls drugs and forced them to have sex. 

A Collin County grand jury declined to indict the three juveniles in the sexual assault case on Tuesday. As for the two adults, McClinton-Hunter and Garrick White, the grand jury passed on the case, which means they need more information to make a decision. 
 
Hunter's defense attorney, Todd Shapiro, said they had plenty of evidence to consider, including a voice mail and text messages in which the alleged victim recants her story.
 
“Logically, it doesn't make sense that three of the five individuals that were in this apartment are now free to go back to school and move on with their lives and put this behind them,” said Shapiro. “The two that were adults, somehow their cases weren't resolved, it doesn't make a whole lot of logical sense.”
 
It took nine months for the case to appear before a grand jury.
 
NBC 5 tried contacting the Collin County district attorney but did not hear back.
 
The cases against McClinton-Hunter and White will now have to go back before a grand jury.
 
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