DA: No charges to come in alleged school sex assault

Travis County prosecutors have completed their investigation into the alleged sexual assault of a 4-year-old girl at Boone Elementary in February and will take no further action, the American-Statesman and KVUE-TV have learned.

An official familiar with the case said the girl’s injuries were likely the result of a playground accident — not a sex crime.

District Attorney Margaret Moore said in a statement Friday afternoon: “The Travis County DA’s office, in conjunction with the child protection team, has now completed this investigation in accordance with our procedures. We find, based upon the additional records and expert review, there is insufficient evidence to pursue criminal charges.”

Officials reopened the case last month after they said investigators from the Austin school district police department closed it without obtaining medical records for the girl from Dell Children’s Hospital or formally consulting with prosecutors. In those reports, doctors wrote that the girl had injuries consistent with a sexual assault.

However, the girl’s parents did not believe detectives did enough to investigate, and they have since filed a federal lawsuit against the district.

The suit cites other cases in which parents contend possible sex crimes against the children were improperly investigated by district police.