Court drops teen’s sexual battery charge
WOODSTOCK – A judge dismissed a teenager’s sexual battery case Wednesday after hearing that the victim recanted her story.
Domingo Reynoso-Bautista, 18, appeared in Shenandoah County Circuit Court with his attorney Allison Neal to stand trial for one count of aggravated sexual battery of a child under the age of 13. Authorities had accused Reynoso-Bautista of committing the crime in early June by touching the alleged victim on her private parts over her clothes.
However, Deputy Commonwealth’s Attorney Louis Campola told Judge Dennis Hupp that two situations had arisen that could have affected the case. Hupp ruled during a Feb. 9 hearing on a defense motion to suppress that the prosecution could not use statements made by Reynoso-Bautista to investigators during an interview last June prior to his arrest. Hupp granted Neal’s motion to suppress and agreed that the defendant was in custody at least for part of the interview but did not have legal representation.
Since the hearing, the victim recanted her story and now alleges another adult male sexually assault her, Campola said.
The prosecutor said the commonwealth could not move forward with its case given these two recent events. Hupp granted Campola’s motion to dismiss the charge. However, the order still allows the prosecution to bring the charges back against Reynoso-Bautista. Hupp allowed Reynoso-Bautista to go free.