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Palm Beach County State Attorney's Office won't pursue charges against US citizen detained by Border Patrol

In a statement released to WTPV, the State Attorney's Office said there was not sufficient evidence to support a criminal charge
Kenny Laynez arrest
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PALM BEACH COUNTY, Fla. — The State Attorney's Office has decided not to press charges against a U.S. citizen detained by Border Patrol.

Court records show the state prosecutor's office won't pursue charges against Kenny Laynez-Ambrosio, 18, who was arrested this year on a charge of resisting an officer without violence.

"Upon review of the evidence and contact with the Arresting Officer, the State declines to prosecute," the Tuesday court filing said. "There is insufficient evidence to support a criminal charge."

WATCH: 'Insufficient evidence' to pursue criminal charges, State Attorney's Office says

Prosecutors won't pursue charges against US citizen detained by Border Patrol

The decision by prosecutors comes a day after WPTV aired the man's cellphone video of the May 2 arrest near Singer Island. WPTV had reached out to the State Attorney's Office about their rationale for prosecuting him.

Originally, the State Attorney's Office agreed to defer prosecution if Laynez-Ambrosio performed 10 hours of community service and took anger management courses. The new filing means the teenager from West Palm Beach will not have to complete community service or take anger management courses.

In a statement released to WTPV, the State Attorney's Office said there was not sufficient evidence to support a criminal charge. A spokesperson for the office didn't immediately answer our question about the rationale for pursuing a deferred prosecution agreement.

The decision also comes after U.S. Customs and Border Protection released the following statement, which accused the men of resisting arrest and advocating for prosecution:

"During the encounter, several of the illegal aliens resisted arrest, resulting in a USBP agent deploying a taser. Law enforcement is facing a surge in assaults while doing their jobs enforcing the law. Make no mistake, if you lay a hand on a law enforcement officer, you will be prosecuted to the fullest extent of the law."

The video that WPTV received from the Guatemalan-Maya Center, a nonprofit located in Lake Worth Beach, also showed the tactics law enforcement are using to arrest undocumented migrants in South Florida.

Those tactics include Border Patrol agents working side-by-side with state troopers, where troopers pull over the vehicle for a commercial vehicle inspection and then Border Patrol can question people within the car.

WPTV first reported on this technique in April, after advocates voiced concerns about racial profiling. In this case, Laynez-Ambrosio was pulled over in a landscaping truck in May near Singer Island during a commercial vehicle inspection.

The Guatemalan-Maya Center told WPTV he was put in a detention facility in Riviera Beach after he was arrested, even though he is a U.S. citizen.

"The courage of Kenny exposes the lawless violence of the state (our demoralized state) from inside the belly of the beast," Father Frank O'Loughlin, the leader of The Guatemalan-Maya Center, said in a statement.

PREVIOUS COVERAGE: Video shows tactics used to arrest undocumented migrants

US citizen detained in Palm Beach County

After the arrest, video showed law enforcement officers discussing undocumented migrants as "starting to resist more" and even saying, "We're going to end up shooting them," because if the number of arrests continues, people are going to start fighting.

The video also shows one law enforcement officer making jokes about getting a $30,000 bonus. WPTV on Friday asked Gov. Ron DeSantis about any incentives for law enforcement related to arresting undocumented migrants. He dismissed those allegations.

"Have you seen how many illegals have been apprehended by state law enforcement?" DeSantis said. "Thousands and thousands. Do you honestly think we could underwrite a $30,000 check for each illegal that was apprehended with those massive numbers?"