Maryland prosecutors have dropped charges against two undocumented teenage boys accused of raping and sodomizing a classmate in a high school bathroom.

Montgomery County State’s Attorney John McCarthy told a judge Friday that after an investigation, authorities are dropping rape and sex offense counts against 17-year-old Jose Montano, who was charged as an adult.

He and 18-year-old Henry Sanchez-Milian, both of whom were in the US illegally, were charged in the alleged assault the girl at Rockville High School in March.

McCarthy said at a news conference this morning that the same charges against Sanchez-Milian also are being dropped due to lack of evidence.

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