Charges have been dropped against two Frederick men accused of kidnapping and raping a high school classmate.

Prosecutors told the court Monday they won’t proceed with the cases against Edgar Natanal Chicas-Hernandez and Victor Antonio Gonzalez-Guttierres.

Gonzalez-Guttierres, 20, and Chicas-Hernandez, 18, have been held without bail since Frederick police officers arrested them in September 2017. Both men were teenagers at the time of the alleged incident, but were being tried as adults despite efforts by Chicas-Hernandez’s attorneys to move the case to juvenile court.

The evidence against the two men is insufficient to prosecute the cases, Frederick County Assistant State’s Attorney Lindell K. Angel told the court in back-to-back hearings Monday.

“Our client has maintained from day one he had nothing to do with this,” said Jennifer Dayton, who along with John Maclean represented Chicas-Hernandez for the Office of the Public Defender. “The decision today speaks for itself.”

Police arrested Chicas-Hernandez and Gonzalez-Guttieres as suspects in an alleged incident reported in early September 2017. A high school-aged girl told police she had been kidnapped at knife-point and raped by two classmates she recognized as the two then-teenagers. The girl alleged a third young man was involved, but police did not identify him, The News-Post previously reported.

The charges garnered national media attention from outlets such as ABC, Fox News and BuzzFeed. The website Breitbart.com tagged its story about the case with an “illegal immigrant crime” label.

“There sincerely was no evidence,” said attorney Carl Somerlock, who represented Gonzalez-Guttierres. “It was based on backstory that couldn’t be verified.”

A cellphone data analysis supported the defendants’ assertions of innocence, Somerlock said.

Although prosecutors dropped their case, neither Chicas-Hernandez nor Gonzalez-Guttierres is free to go home. The Frederick County Adult Detention Center continues to hold both men on Immigration and Customs Enforcement detainers for unrelated civil immigration cases.

The Frederick Police Department is no longer investigating the case. Lt. Kirk Henneberry said the department’s investigation has been “closed for some time.”

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(19) comments

Richard21

Innocent til proven guilty but I feel for this girl. If they did do this that’s horrible and hope the truth is found out.

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des21

They're here illegally and remain in custody awaiting deportation. That's innocent to you? Huh.

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bosco

Oh, that's ok samantha, I get it. I just like to point out the hypocrisy of the hate and vitriol spewed by the left - when they espouse to stand for tolerance and inclusion.

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Samanthapowers

huge difference there bosco. if i have to explain it to you then you probably wouldn't understand anyway.

CDReid

"The Frederick County Adult Detention Center continues to hold both men on Immigration and Customs Enforcement detainers for unrelated civil immigration cases." How's that wall coming, is it done yet?

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CDReid

Ok fido, and when are you going to lecture Kelly about the wall, because she's the one whom I QUOTE when I post that line? You come back on me for writing it, when are you going to on her? And, if you find yourself able to answer this, I would appreciate none of your roundabout BS spin.

KellyAlzan

Nice to see I’m so far in your head all the time.

I have a unique style. A unique online personality. Know where to draw the line.

bosco

At least we are not in a sanctuary county and have Sheriff Jenkins to thank for holding these birds until ICE can send them back to where they came from before they broke our laws to come here illegally.

CDReid

And I'm very grateful to the sheriff for his efforts to that effect. [thumbup]

KellyAlzan

And so is Ms. Santos, believe me.

bosco

Ms Santos broke our immigration laws and knew it, evidenced when she bolted at the sight of law enforcement officers.

KellyAlzan

Bosco, no one is disputing that. Yes, Ms Santos didn't abide by the law. And also, Sheriff Chuck Christmas didn't follow Constitutional Law either. With Ms Santos scoring the bigger victory.

User1

Not fast enough! Another issue with “DACA” kids? 20 year old illegals in high school. Maybe the girls parents will serve justice. Don’t know of any female that consents to rape. Where’s all the #MeToo outrage?

CDReid

"Sheriff Trumpkins" and "sherf trumpkins," sounds like the Bobbsey Twins have spoken. [lol][lol][lol]

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