Livingston County Prosecutor Carolyn Henry said in a release that she is considering appealing the decision of 53rd District Court Judge Daniel Bain, who dismissed the charge against a man accused of trying to lure an 8-year-old girl into the woods to give her “a surprise.”
Ryan Josue Rojas, 24, of Herriman, Utah, had been charged with one count of accosting a minor for immoral purposes. Michigan State Police say Rojas approached an 8-year-old girl riding her bike alone around 7 p.m. May 27 on Rosemary Lane in Brighton Township. Rojas was wearing an ID badge for a pest control company and was reported to have been posing as a traveling door-to-door salesperson.
Police said that after being confronted by the girl’s father, Rojas fled the area on a Segway-type vehicle. Police located and arrested him the following day.
Judge Bain dismissed the charge against Rojas on Wednesday after determining that his conduct did not rise to the level of criminal behavior, and that there was a lack of criminal intent.
In a release, Henry said that her office respects the authority of the Court and the legal process, and that she is actively reviewing the decision and considering an appeal.
“Cases involving the safety of children demand that we take every allegation seriously and carefully pursue the evidence wherever it leads,” Henry said. “Our office did exactly that. We reviewed the investigation submitted to our office, brought the appropriate charge, and presented the evidence to the court. While we respect the Court’s authority, we are carefully evaluating every legal option available, including an appeal.”
