MCAO dismisses lawsuit against former principal of Buckeye Union High School

BUCKEYE, AZ – The Maricopa County Attorney's Office announced Monday that the case against the former principal of Buckeye Union High School has been dismissed.

Joe Kinney was arrested last week on charges of attempting to lure a child online.

Kinney was accused of communicating with an undercover agent posing as a 12-year-old girl via a social media app.

During a school board meeting on Monday, the Buckeye Union High School District approved Kinney's dismissal.

In a statement, the MCAO said: “Based on the evidence available in this case, the State is unable to prove that the suspect intended to entice a minor for sexual exploitation.”

The FBI was able to trace the messages back to Kinney and his phone was confiscated during a traffic stop.

Kinney reportedly admitted to talking to people online who claimed to be children, but said he thought it was all a “fantasy” and never intended to engage in any acts with children.

Read the full statement below:

“The Maricopa County Attorney's Office declined to prosecute this case because there is not a reasonable likelihood of conviction. The crime of luring requires proof that the suspect knew or should have known that the person he or she was communicating with was a minor (under 18). In this case, there was no minor; the communication was with an undercover agent. Although the crime of luring can be committed when a suspect communicates with an undercover agent, there must be proof that the suspect believes he or she is directing his or her communication to a minor. Proof of belief or intent is often provided by other actions or comments. Based on the evidence available in this case, the State cannot prove that the suspect intended to lure a minor for the purpose of sexual exploitation. In addition, the undercover agent provided the suspect with a photograph to show that she was under 18. However, the photograph itself was not sufficient to prove that she was a minor. To prove intent, prosecutors need evidence that the suspect intended to engage in sexual activity with a minor. In this case, there was no such evidence. The undercover officer and the suspect were not in the same state, and the investigative steps normally taken to prove that intent in court were not taken in this case.”

“The suspect really did himself a favor when he told police during his interview that he never thought the officer he was talking to was a real 12-year-old girl,” said Joshua Kolsrud, a former Coconino County assistant prosecutor.

Kolsrud has worked on several sex crime cases in Coconino County. He says defendants in cases like this often say they were just engaging in fantasy and role-playing.

Court documents show that Kinney told police exactly that and also stated that he would never engage in sexual activity with a child.

“It makes it much more difficult for the prosecutor to prove that he actually sought sex with someone he believed to be a minor child,” Kolsrud said.

So what happens next?

ABC15 learned that the state Board of Education, which is responsible for disciplining teachers in Arizona, is investigating Kinney. Executive director Sean Ross says the board's jurisdiction includes not only the defendant's illegal activities, but also immoral or unprofessional conduct.

This means that Kinney may face consequences, including the revocation of his teaching license.

“So even if there isn't enough evidence to prosecute – and that's a very high hurdle – the evidence could be enough to revoke the license,” said Tom Horne, Arizona State Superintendent.

If the board takes disciplinary action, Kinney would also be placed on a national educator database that would detail the incidents.

Ross said less than one percent of Arizona educators ever face disciplinary action.