Randy McIIwain, NBC 5 News
The attorney for a 17-year-old Prosper High School student accused of sexually assaulting a teenage girl says the victim recanted to a family friend of his client. The lawyer is calling for Prosper police to drop the case and apologize.
Lawyers for the 17-year-old son of Angels outfielder Torii Hunter accused of sexually assaulting a teenage girl said in a news conference Thursday that they have evidence that clears the boy of the charge.
Darius McClinton-Hunter, a Prosper (Texas) High School student and son of Hunter, was arrested Monday and charged with sexual assault of a child, a second-degree felony. Two juvenile boys also face charges in the case.
McClinton-Hunter's lawyer, Todd Shapiro, said Thursday that girl who made the allegations against his client reached out to a family friend of the Hunters and recanted Wednesday evening.
"We're demanding this case be dismissed, that an apology be made to this man and his family," he said.
Shapiro said the girl called and texted the family friend. The family friend recorded the phone call, Shapiro said.
"In that recording, she essentially has recanted everything that's inside this arrest warrant," he said. "Every bit of what she told the police eight days ago has been turned on its ear, recanted in that conversation with Darius' family friend. Very, very specifically, where the questions were asked, 'Did Darius perform any sex acts on you?' 'Absolutely not. Absolutely not.' 'Did he ever force you to have any sex?' The answer is, 'Absolutely not.'"
Shapiro said he had the tape of the conversation in his possession. He declined to release the tape but said he would turn it over to authorities in hopes of having the charges against McClinton-Hunter dropped.
"No drugs, no alcohol have ever been involved with any situation where she's been around Darius Hunter, that he has never forced her to have any sexual contact with him and especially on this particular night that this warrant is based out of, there was no forcible sexual contact, period," he said.
Shapiro said the taped conversation corroborates what a juvenile testified to in a detention hearing earlier this week. The boy said he had engaged in sex with the girl in the closet but that McClinton-Hunter did not.
In a statement Thursday, police said they continue to "pursue a thorough investigation" of the charges.
"As part of the ongoing investigation, interviews with the reporting parties, their parents and the District Attorney's Office have been conducted and, as a result, the department will continue working this case at this time," the department said.
Click here to read the arrest affidavits for Darius McClinton-Hunter and Garrick White. Some information has been redacted because it may identify the alleged victims or other juveniles.
According to the arrest affidavit for McClinton-Hunter, the girl said she was forced to perform oral sex on him in a bedroom closet. She told police a group of boys asked her and two of her friends to come over to the apartment.
The girl told police McClinton-Hunter and a juvenile boy asked her and one of her friends to go into a room. She said she consensually kissed McClinton-Hunter but did not want to do more, according to the affidavit.
As for Torii Hunter, Shapiro said Thursday that he will be away from the team "until this matter reaches a point where it's either resolved or at least under control." Hunter was placed on the restricted list Monday. He was replaced in the lineup by Mark Rumbo.
"Torii, he's like a ray of sunshine," manager Mike Scioscia said. "When he walks into a clubhouse, you notice him. If you can't hear him, you can feel his presence. And there aren't many times you can't hear him."