GEAUGA COUNTY, Ohio — In an unexpected move, the special prosecutor in the case of Chester Township Police Officer Nicholas Iacampo has filed a motion to dismiss the charge of felony sexual battery against the 29-year-old. The charge was officially dismissed at a court hearing on Friday.
Earlier this week, Lake County Prosecutor Charles Coulson, who is handling the case because Iacampo's mother is Chardon Municipal Court Judge Terri Stupica, says the request for the dismissal of the sexual battery charge comes because it is unconstitutional.
The charge against Iacampo was based on the Ohio Revised Code that specifies a felony charge if the offender is a peace officer, the other person is a minor, and the offender is more than two years older than the other person. Whomever violates this section is charged with sexual battery.
But in 2016, the Ohio Supreme Court ruled the statute unconstitutional, stating that police officers cannot be held to a higher standard than the rest of the public when it comes to having sex with minors. However, the state's legislative branch failed to amend the statute to reflect the court's ruling, meaning the sexual battery charge against Iacampo would need to be dismissed.
Wayne County Court of Common Pleas Judge Mark Wiest, who is presiding over the cast, heard the motion to dismiss at a hearing scheduled for Friday morning.
While the felony sexual battery charge might be going away, Iacampo's problems do not appear to be over. At Friday's hearing, Lake County Assistant Prosecuting Attorney Adam Downing noted that additional charges are possible pending investigation.
In an interview with 3News Senior Crime and Justice Correspondent Lydia Esparra earlier this week, Chester Township Police Chief Craig Young says he expects the prosecution to file new charges against Iacampo, who remains on paid administrative leave.
No matter what charges may await Iacampo down the road, Young says he will not be bringing the 29-year-old back to his department after he failed to adhere to its policies and procedures.
Previous Reporting:
- 'He is messing around with my 16-year-old daughter': 911 call of father reporting Geauga County officer's alleged assault on daughter released
- 'There is a lot of anger and frustration here': Chester Township police chief speaks out about officer charged with sexual battery
- Geauga County police officer facing charge after alleged sexual battery against teen