A Collin County grand jury chose Wednesday not to pursue sexual assault charges against Darius McClinton-Hunter, one of four Prosper teens who was charged with sexual assault following their arrest in May 2012.
McClinton-Hunter, 17, is the son of Detroit Tigers outfielder Torii Hunter.
McClinton-Hunter and 17-year-old Garrick White, along with two juveniles, were charged with sexual assault of a child. A third juvenile was charged with unlawful restraint of a child.
White was indicted for a lesser charge, unlawful restraint of a child. White was originally charged with sexual assault of a child, a second-degree felony that carries a sentence of two to 20 years in prison. Unlawful restraint of a child is a state jail felony, which carries a possible sentence of 180 days to two years.
"It doesn't make a whole lot of sense to anyone involved," said Coleman Sylvan, White’s attorney. "They've indicted Garrick for unlawful restraint on activity that was a consensual act. So we look forward to having our day in court."
None of the juveniles in the case were indicted.
Authorities said they believed McClinton-Hunter and White had recorded the alleged sexual assault on their cell phones and then showed it to others, calling themselves 'Team Snapback.'
McClinton-Hunter's attorneys said in a press conference last May they had a 10-minute portion of a phone conversation between a family friend of McClinton-Hunter and the 16-year-old accuser that proved their client's innocence.
"I talked with Torri, who's at Spring Training with the Tigers. I spoke with him just after we got the results and he was ecstatic. Darius was overcome with emotion. He was very happy and, hopefully, things can move on now."
There was no comment on the case Wednesday from the Collin County District Attorney's Office. The Prosper Police Department issued a statement that said "The grand jury has spoken and the decision speaks for itself. White, if convicted, could spend up to two years in prison."
"They have spent hundreds of hours investigating kids having sex," said Mitch Nolte, an attorney representing one of the juveniles who was charged. "And none of it was a crime, according to the girls themselves."
Lon Garner, who represents another juvenile who was no-billed, has a hard time understanding why White was indicted.
"It concerns me that the case involving Mr. White, he was not in the room alone," said Garner. "There was another child in the room with him and the female. How is one of them no-billed when they both had the same activity? It doesn't make sense."