The Maricopa County Attorney’s Office (MCAO) has announced it will not proceed with charges against Joe Kinney, the former principal of Buckeye Union High School, who was arrested last week on suspicion of luring a minor for sexual exploitation. The decision comes after prosecutors determined there was insufficient evidence to secure a conviction.
Kinney, 42, was arrested following an undercover sting operation in which he engaged in explicit communications on the social media app Whisper with an officer posing as a 12-year-old girl. Although luring a minor charges can be brought in cases involving undercover agents, MCAO explained that the available evidence did not convincingly show that Kinney believed he was interacting with an actual minor.
“The crime of luring requires proof that the suspect knew or should have known that the person he was communicating with was under 18,” the MCAO stated. “There was no actual minor in this case, and based on the available evidence, the state is unable to prove the suspect’s intent to lure a minor.” The investigative process included issuing subpoenas to Whisper, Cox Communications, and Verizon Wireless to track Kinney’s communications with the undercover officer.
Despite the lack of criminal charges, the fallout from Kinney’s arrest was immediate. He was placed on administrative leave by the Buckeye Union High School District, and his termination was subsequently approved by the district’s governing board during a meeting on Monday night.
The investigation, initially led by the FBI and later transferred to the Phoenix Police Department, revealed that Kinney engaged in explicit conversations with the undercover agent in July. During an interview post-arrest, Kinney admitted to chatting with several individuals who claimed to be underage but insisted that he perceived these interactions as part of a role-playing fantasy. He expressed regret for his actions and maintained that he never believed the individuals were genuinely minors, denying any sexual attraction to children.
Commenting on the situation, Arizona Superintendent of Public Instruction Tom Horne told ABC15, “Even if there’s not enough evidence for a criminal prosecution, which is a very high bar, there might be enough evidence to take away [his teaching] certificate.”
The UM will continue to report on this case as updates from MCAO follow.
