A federal judge has ruled that a Greene County man charged in Mexico with aggravated homicide and rape can be extradited to that country despite questions about the photo array used to identify him as the suspect.
U.S. Magistrate Judge Maureen Kelly on Wednesday found that the evidence against Dylan Ryan Johnson, of Crucible, constituted probable cause that he raped and killed Hilario Garcia Rosales, 16, on Sept. 7, 2003.
Mr. Johnson was working in construction in the town of Empalme Escobedo in 2003 and had hired the boy to work for him. Witnesses said he arrived at a hotel with the boy and left without him. The boy's body was found in the hotel room the next day, and signs indicated he had been sexually assaulted. Mr. Johnson left for the United States four days later.
Six years later, witnesses picked Mr. Johnson out of a photo array in which every photo was of a Mexican person with a moustache -- except for a photo of Mr. Johnson.
"As a result, the delayed photo array is disregarded in its entirety by this Court," Judge Kelly found. "However, other reliable evidence exists connecting Johnson to the victim and the crimes for which he is charged."