WELD COUNTY, Colo. - No charges will be filed at this time in the case of an alleged kidnapping and assault of a Johnstown teenager, announced Weld County District Attorney Ken Buck.
The 16-year-old girl told investigators on Jan. 24 that David Calderon, 38, had forced her into his vehicle, sexually assaulted her and held her against her will.
Calderon could have faced charges of kidnapping, false imprisonment, unlawful sexual contact, felony menacing, child abuse and assault.
According to an arrest affidavit obtained by 7NEWS, Calderon told police that the teen went willingly into his car and he denies any sexual contact with the girl. Calderon also said the 16-year-old identified herself as an 18-year-old, according to the affidavit, which paints two very conflicting stories.
The teen was reported missing Tuesday night and the Colorado Bureau of Investigation issued a missing child alert on Wednesday after text and Facebook messages indicated that she was in trouble.
Buck said the investigation remains active and reserved the right to file charges at a later date.
The original release from the DA's office on Wednesday gave the girl's age as 17 but they later issued a correction.
-- Reaction --
Just hours after learning her brother, David Calderon, won't immediately face charges, Susan Calderon said she feels vindicated.
"The truth did come out. I knew my brother was telling the truth," Susan Calderon said.
Just last week, the 16-year-old exclusively told 7NEWS how he pulled her into his car.
"He grabbed me and was a hold of my left arm. When he grabbed me, I kicked him in the leg, on his right leg," she said.
Today at her home, the people inside simply pulled the blinds shut when 7NEWS knocked on their door.
"Her story didn't add up," said Susan Calderon.
Susan said the teen had plenty of opportunities to leave.
"There are three doors in that room, you're telling me you can't get out of there?" she said to 7NEWS.
Calderon's family also pointed out other inconsistencies in the teen's story.
"There was a lot of other witnesses that came and said we saw her, she told them she was a different age, lying about her age and just right there it was key to me that this little girl's a liar," said Susan Calderon.
The Calderons also said the teen posted pictures of David Calderon on her Facebook page minutes after she said she escaped. Those pictures and her entire Facebook page has since been deleted.
"Why are you gonna put something on there that makes you so terrified and creeped out and gives you the chills, it doesn't make sense," said David Calderon's daughter, Jade.
"It's just devastating that someone like this could come and hurt a family. We're still hurting, her sorry's never gonna change anything," added Susan Calderon.