An illegal alien convicted of child sex crimes has had those convictions overturned by a Kansas judge after state prosecutors apparently filed the wrong charges against him.
Josue Manuel Arita, an illegal alien from Guatemala, was charged in 2019 by the Wyandotte County District Attorney’s Office with two counts of aggravated criminal sodomy and two counts of aggravated indecent liberties with a child.
According to prosecutors at the time, Arita sexually abused a seven-year-old boy and his eight-year-old sister on multiple occasions while the children stayed at his residence. About three years later, Arita was convicted on all four charges initially filed against him.
The charges against Arita, the Kansas Court of Appeals ruled late last month, were incorrect because prosecutors “presented evidence that Arita had personally sexually abused his victims, but all four counts in the charging documents alleged that he had caused his victims to be abused by another person.”
As a result, the appellate court overturned all of Arita’s convictions and his sentence was vacated because “the state presented insufficient evidence — actually no evidence — to support Arita’s convictions” and he cannot be retried for crimes involving the two children who said they were sexually abused.
Arita is set to be deported from the United States rather than being released back into the community from prison, the Wyandotte County District Attorney’s Office told local media.
John Binder is a reporter for Breitbart News. Email him at jbinder@breitbart.com. Follow him on Twitter here.
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