SMITH COUNTY, TX (KLTV) - A charge of Enticing a Child filed against a Brookhill School coach has been dismissed.
Ricky Clements, of Flint, was arrested in October of 2015, by Bullard police officers. He was charged with enticing a child. Under the Texas penal code, the crime occurs when a person intentionally interferes with lawful custody and knowingly entices, persuades, or takes a child, younger than 18 years of age, from the custody of the parent or guardian.
The State's motion to dismiss the case reads as followed:
Due to unique facts of this particular case, the State did not have sufficient evidence to prove the element of "intent to interfere with lawful custody" as required by the statute. The State extensively researched the issue but was unable to find any way to meet this element with the information in its possession. The state also thoroughly considered any other charges that could be filed but was unable to find any charge that would fit the particular facts of this case.
The State requested that the case be dismissed without prejudice. It was approved by visiting Judge Joe Clayton, according to Smith County Court at Law 2, Criminal Coordinator, Paul Clarkston.