7 days ago
Utah man wrongfully arrested in local school threat case, charges dropped
Waco, Tx (FOX 44) – All charges against Kyle Joseph Nielsen in connections with threats against the Axtell school have been dropped as it was determined the wrong man was arrested.
The motion to dismiss was filed in 54th District Court by the McLennan County District Attorney's Office. The motion stated that 'subsequent investigation revealed that the defendant, Kyle Joseph Nielsen, is not the perpetrator. Investigators initially linked an IP address used by the perpetrator to the defendant. Subsequent investigation revealed that link was made in error.'
A statement issued by attorney F. Clinton Broden stated it was the result of an investigation by Nielsen's defense team and stated a motion filed prior to the dismissal argued that Nielsen was wrongfully arrested after a McLennan County Sheriff's Office investigator 'likely mis-read a post-it note.' Nielsen had been accused of making threats against the Axtell school. The defense had argued that the e-mail address used to set up the relevant Snapchat accounts involved was believed to actually belong to someone living in Canada.
Broden further stated in his statement that Nielsen has retained a Dallas attorney to pursue possible civil rights claims against the investigator and the McLennan County Sheriff's Office.
The following statement was issued by the McLennan County Sheriff's Office:
'Following the arrest of a suspect in connection with a school threat, our agency continued to pursue all investigative leads thoroughly and objectively. During this process, new information emerged that prompted a reassessment of the evidence supporting probable cause.
'The suspect was initially identified based on data from federal partners, including screen names and IP addresses, along with a positive witness identification. This led to the issuance of a warrant and the suspect's arrest.
'Subsequently, the witness recanted their identification, and further analysis revealed an error in linking the suspect to the provided IP address. It was determined that the individual accused was not responsible for the threat. Our agency immediately relayed these findings to the district attorney's office, resulting in the dismissal of charges.
'This case underscores the importance of thorough and impartial investigations. We remain committed to evidence-based policing, accountability, and collaboration with our local, state, and federal partners to ensure public trust and safety.'
McLennan County District Attorney Josh Tetens said:
'This is exactly how the system is supposed to work – the defense presented their case, additional investigation was conducted, and the evidence revealed Mr. Nielsen was not the perpetrator.'
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