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Magistrate Judge Charles Roos ruled Thursday that the juvenile facing two charges of misdemeanor battery from incidents that occurred during the basketball season last year at Blackfoot High School cannot be found guilty because the state had not met it's burden of proof.
In testimony given by the two complainant witnesses Wednesday, neither could specifically identify who had actually touched them, but both said they had seen four people coming toward them and saw the same four walk away after the incident. Both testified they were "shooshed," which was described as being held down against their will while an attempt was made to touch their genitals and rectum.
It was this testimony, Roos said, that led to the decision to find the juvenile was not within purview of the Juvenile Corrections Act and that the state had not proven guilt beyond a reasonable doubt.