Ellen Goldberg, NBC 5 News
A grand jury has declined to indict Darius McClinton-Hunter, the teenage son of Detroit Tigers outfielder Torii Hunter, after a sexual assault allegation. The Collin County grand jury indicated Wednesday that there wasn't enough evidence to prosecute him.
Sexual assault charges have been dropped against Darius McClinton-Hunter, the son of a Major League Baseball star Torii Hunter, and Garrick White.
Darius McClinton-Hunter, along with four of his classmates at Prosper High School, was arrested May 2012 for sexual assault of a child after 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 Feb. 12. As for the two adults, McClinton-Hunter and White, the grand jury said they needed more information to make a decision.
On Wednesday morning, the grand jury dropped the charges against McClinton-Hunter and indicted White for unlawful restraint -- not sexual assault.
"Darius is overcome with emotion, he was very, very happy and hopefully things can move on now," McClinton-Hunter's defense attorney, Todd Shapiro, said.
Shapiro said the grand jury had plenty of evidence to consider including a voice mail and text messages in which the alleged victim recanted her story.
"Obviously, we were very disappointed and shocked by the outcome," White's attorney Coleman Sylvan said. "All these boys were involved in the same behavior, same incident and the grand jury had the same information on all five young men, and for some reason they decided to only indict Garrick. We are simply shocked with what the grand jury did today. It doesn't make any sense to anybody involved, they've indicted Garrick for unlawful restraint on activity that was a consensual act."
There has been no word on when White will face trial.