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By Nancy Bowman, Contributing Writer Updated 7:01 PM Wednesday, October 21, 2009

TROY — A Tipp City area man jailed since mid-June on allegations of rape and gross sexual imposition is free after the charges were dismissed because Miami County prosecutors didn’t bring the case to court in time.

Shawn P. Rickert, 38, a youth leader and director of children’s church at Vandalia Baptist Temple, was accused of engaging in sexual activity with a girl under age 13 beginning in 2005.

“I am extremely upset for the victim and this family. They should not be subjected to the fact he’s out,” county Prosecutor Gary Nasal said Wednesday, Oct. 21.

Rickert was arrested June 16 on one count of rape and eight counts of gross sexual imposition.

Four counts of gross sexual imposition were sent to Common Pleas court after he waived a preliminary hearing June 25. The remaining charges were dismissed.

Prosecutors are researching to see if they can pursue those dismissed charges, said Nasal, who hopes to have an answer by week’s end.

“It was human error and the error occurred in our office, not in the court or sheriff’s office,” Nasal said.

An investigation into what happened is underway, he said.

Rickert’s defense lawyer, Jose Lopez of Troy, said Wednesday that Rickert “will not have a comment to make.”

Nasal said the girl’s mother is working with the sheriff’s office and a victims’ program to obtain a protection order for the girl. The mother did not return a phone call Wednesday.

The girl disclosed the alleged abuse to an adult this summer during a discussion about inappropriate touching, investigators said.

Sheriff’s Detective Dave Norman said he had no other complaints about Rickert. Vandalia police this summer said they also had no complaints about Rickert.

Church officials said they were advised by their lawyers not to comment.

Contact this reporter at nancykburr@aol.com or (937) 339-4371.

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