VAIL, Colo. (CBS4) – The district attorney for Colorado’s 5th Judicial District has decided not to file criminal charges against three male students from Kent Denver School who were under investigation for allegedly sexually assaulting a female in Vail on New Year’s Day.

“We couldn’t prove the case beyond a reasonable doubt,” said prosecutor Mark Hurlbert, whose jurisdiction covers Vail, where the incident took place. “I am declining to file charges,” Hurlbert told CBS4 on Friday, but he declined to provide more information on what went into his decision.

The three male students attend Kent Denver School, a prestigious private school with nearly 700 students located in Englewood. Vail police investigated the incident but the ultimate charging decision was Hurlbert’s.

The students were not in Vail as part of any official school function but were on their winter holiday break, according to the school.

No names have been released since everyone involved is a minor.

– Written by Brian Maass for


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