The charge has been dismissed against a man who was accused of trying to lure a 12-year-old girl from a fast-food restaurant last year in Tacoma, according to court records.
Prosecutors charged 38-year-old Joshua Rosborough with attempted second-degree kidnapping.
Charging papers alleged that he honked the horn of his truck, gestured for the girl to come over to the vehicle, followed her inside the restaurant and at some point interlocked fingers with her Nov. 30.
She started crying, and eventually he left, the charging papers say.
Superior Court Judge Kitty-Ann van Doorninck granted Rosborough’s motion to dismiss the case Sept. 9.
“The State cannot establish a prima facie case that the Defendant attempted to kidnap the alleged victim, lure her, or unlawfully imprison her. The Court must therefore dismiss the charge or charges,” Rosborough’s motion said.
He argued in his motion that he “did not even speak to the victim and ask her to come with him. At most, Mr. Rosborough’s conduct may have been inappropriate. This is not enough to establish criminal intent to kidnap.”
It went on to say: “Perhaps an intention to harm would be a logical inference if Rosborough had grabbed, threatened, invited, or enticed her. Tapping her on the shoulder, motioning his hand, and interlocking their fingers is not criminal. Nor can the state infer that from these perhaps inappropriate actions that Mr. Rosborough wanted to somehow harm,” the girl.
One of Rosborough’s other court filings said that he mistook the girl for someone he knew.