By Janice Gregorson
gregor@postbulletin.com
Allegations that an off-duty Olmsted County sheriff's deputy and other adults assaulted a 14-year-old boy on the grounds of Sunset Terrace Elementary School in Rochester last month are unfounded, and no criminal charges will be filed, according to authorities.
Olmsted County Attorney Ray Schmitz said Monday that he has reviewed police reports and found no basis for charging any of the adults with gross misdemeanor or felony level charges.
"Frankly, I didn't find anything inappropriate" in the adult behavior, Schmitz said.
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Schmitz then forwarded the reports to the city attorney's office, which prosecutes for misdemeanor charges. Assistant Rochester City Attorney Dave Goslee has also reviewed the reports and agrees there is no basis for charging the adults at that level, either.
Schmitz said state law prohibits him from commenting on whether charges will be filed against the 14-year-old.
Police were called to the school grounds about 7:25 p.m. July 23. The mother of the boy said she saw the off-duty officer and other men beat up her son. She went to the school after other children ran to her home nearby to report the incident.
Parents who were attending a youth baseball game that night said the boy had been shooting off fireworks near other children and the adults asked him to stop.
Police Capt. Jim Pittenger said witnesses told officers that the boy became disorderly and threatened to assault a parent after being asked to leave the grounds. That is when two other parents, including the off-duty deputy, went to help.
The mother has also filed a complaint with the sheriff's department alleging the off-duty deputy's actions were inappropriate. Sheriff Steve Borchardt said at the time that he would wait until after the criminal investigation was complete before deciding if internal action was required. He could not be reached for comment today. The mother also was unavailable for comment.
