There are startling new developments in a case that sent shock waves through the Phoenix Police Department and the community more than a year ago.
Investigators arrested Officer Christopher Jay Wilson in August 2012. A Maricopa County grand jury indicted Wilson on 10 counts of sexual conduct with a minor for allegedly having sex with a 17-year-old and a 14-year-old boy. On one occasion, the three reportedly engaged in group sex.
Wilson has been in jail since his arrest because one of his alleged victims was 14. According to state law, that makes the charge non-bondable.
On Monday, Wilson is expected back in court. His attorney, Robert Campos, will start his argument that his client has the right to have bail set because of a huge twist in the case in which one of his alleged victims has been indicted for child sex crimes.
CBS 5 News has learned the 17-year-old boy connected with the Wilson case has himself been indicted on 11 counts of sexual conduct with a minor and two counts of attempted sexual conduct with a minor.
The victim, according to court documents, is the same 14-year-old as is named in the case against Wilson. According to the Maricopa County Attorney's Office, some of the charges stem from the reported three-way sexual encounter.
Campos said he had been trying to get authorities to consider charging the 17-year-old from the start.
"It's about time authorities have finally indicted this individual," Campos said.
The Arizona Attorney General's Office is prosecuting the older teen, who is now almost 19.
But that would create an interesting legal dilemma. The indictment makes the teen both an adult sexual assault suspect and a minor victim within the same court system, Campos said. It is that reason that CBS 5 News has continued to protect his identity and have not released his name.
Campos said he believes the indicted teen will have to invoke the Fifth Amendment if called to the stand to testify against his client, making prosecuting Wilson more difficult.
"It's going to be complex, whether or not he will be a useful witness in the prosecution of my client," Campos said.
Campos said he is outraged that the indicted teen is not in jail. He was living outside Arizona at the time the grand jury handed up the indictment and was summoned to appear in court to answer to the charges. The indicted teen was processed, fingerprinted and photographed, then released and allowed to return to his job outside the state.
According to state law, if a person is charged with sexual conduct with a minor and the victim is younger than 15, that makes in a non-bondable offense in most cases.
But Michael Arenz, who has represented the 17-year-old, doesn't think he ever should have been charged in the first place.
"At all times he was a child - legally a child. We believe he is more a victim than anything else given the other case that is ongoing," he said.
CBS 5 News has asked the attorney general's office why the teen is not in jail. Other questions that were asked included how the indicted teen can simultaneously be considered a minor victim and an adult suspect by the same court system. For two days, the attorney general's office refused to comment, stating the prosecuting attorney was on vacation.
The charged teen works for a law enforcement agency in another state. That agency said that he has been with them since May 2013 and is training to be a 911 operator.
A spokesman for the agency said they were unaware of the indictment until CBS 5 News inquired. After that, the indicted teen was immediately placed on unpaid administrative leave pending an internal investigation.
The 14-year-old victim has filed a multimillion-dollar notice of claim against the City of Phoenix and Wilson.
Copyright 2013 CBS 5 (KPHO Broadcasting Corporation). All rights reserved.