Ludington teen charged with criminal sexual conduct 1st degree in Eaton County.

Eaton County Courthouse

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CHARLOTTE (Eaton County)  – A 15-year-old Ludington boy and a 14-year-old Grand Ledge boy were arraigned Friday, Aug. 12, 2016, with charges criminal sexual conduct first degree.

According to the Lansing State Journal, Hunter Chance of Ludington and Brodrick McPhail of Eaton County were each charged with one county of CSC first degree involving a victim under the age of 13. The two are also charged with child sexually abusive activity and child sexual activity distribution with a child under 13. The two have been charged as adults.

CSC first degree, commonly referred to as rape, typically involves a sexual penetration with another person. One criteria is that the victim is a person who is under 13 years of age.

The case has been assigned to Jackson County Prosecutor Jerard Jarzynka due to a conflict of interest with the Eaton County Prosecuting Attorney’s office, according to the Lansing State Journal.

Jarzynka said certain felony crimes allow prosecutors to file cases with juveniles in adult court. Jarzynka said the seriousness of these crimes convinced him to file in adult court.

McPhail is the son of Fred McPhail, a former Eaton County undersheriff who is a candidate for Eaton County sheriff.

McPhail’s attorney Lucas Dillon said the victim in the case was 12 at the time of the alleged incident and is 13 now.

“Obviously, there has been an allegation that my client and a co-defendant had a sexual encounter with a girl under the age of 13,” Dillon told the LSJ. “I met with the McPhail family. We’ve discussed this. We’re all confident Brody is going to be okay at the end of the day.”

Dillon said the allegations included distributing either photos of videos.

The Grand Ledge Police Department sought the warrants for arrest of the teens.

Bond was set at $25,000 for each of the defendants with special conditions.

Chance did not post bond and is housed at the Eaton County Youth Facility.

McPhail posted bond and was released with a requirement to wear a GPS tether. Other conditions set included no contact with the alleged victim or with Chance. The bond also forbids use of social media, the Internet, or cell phones, as well as no alcohol or abusive or violent behavior.

A probable cause conference for Brodrick McPhail and Chance has been set for 9 a.m. Aug. 19.

A preliminary exam date has been set for Aug. 26 at 10 a.m. with Eaton County District Court Judge Julie Reincke.