DA: Viral video alone isn’t enough to make arrest
Law enforcement speaks on child predator video
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LEWISTOWN -- Successful prosecution of child sexual abuse cases depends on a thorough investigation and following the law, Mifflin County District Attorney Christopher Torquato said Thursday.
Torquato released the statement to The Sentinel after a video posted on social media by YouTuber JiDion sparked criticism of the Lewistown Police Department for not making an arrest.
In the video, a man tells a Lewistown police officer he “did horrible things” and “said horrible things” to someone he believed was a 13-year-old.
The officer tells those at the scene the case will have to be investigated before charges can be filed. Before leaving, the officer is also seen exchanging a fist bump with the man. The video quickly became the focus of criticism on social media.
The man is not arrested in the video, prompting many viewers to question the officer’s response.
Torquato explained that what appears in a viral social media video does not always include the evidence needed to support criminal charges.
“Child sexual abuse is prosecuted routinely by the Mifflin County District Attorney’s Office,” Torquato said. “Successful prosecution of these cases requires a thorough investigation, adherence to strict rules of evidence, and the law.”
He said Pennsylvania law sets specific requirements for charging someone with unlawful contact with a minor.
“Efforts by vigilante groups to expose these individuals does not always satisfy the legal requirement necessary, in and of itself, and does not give law enforcement officers probable cause to effectuate an immediate arrest,” Torquato said.
Under the law, the communication generally must involve an actual minor or a law enforcement officer posing as a minor. Because of that, Torquato said information gathered by private citizens does not always, by itself, meet the legal standard needed to support criminal charges, though it can be enough to begin a police investigation.
The Lewistown Police Department also released a statement Thursday.
The department said it generally does not respond to social media posts but believed clarification was needed because of public concern surrounding the video.
Police said these types of private investigations are “not always done in a way that would lead to successful prosecution.” Instead, the department encouraged anyone who believes a child is being targeted to contact law enforcement immediately so investigators can gather evidence that can be used in court. The department also warned that confronting suspects can place people in danger and may make it more difficult to prosecute a case.
The department also announced it has opened an internal investigation into the responding officer’s actions to determine whether departmental policies and procedures were followed.
Police said the information reported in the video also remains under investigation.
The man shown in the video was not identified by police.