In a stunning development, an illegal alien who was found guilty of sexually abusing children had his conviction overturned due to a mistake by prosecutors. 

According to Breitbart, Josue Manuel Arita faced two counts of aggravated criminal sodomy and two counts of aggravated indecent liberties with a child in 2019 several years after he crossed the border illegally.

Victims were seven and eight

Arita, who is a citizen of Guatemala, was convicted of sexually abused a seven-year-old boy and his eight-year-old sister on multiple occasions.

However, the Kansas Court of Appeals overturned Arita's guilty verdict late last month, pointing to an oversight made by the attorneys for the Wyandotte County District Attorney’s Office.

Specifically, they "presented evidence that Arita had personally sexually abused his victims, but all four counts in the charging documents alleged that he had caused his victims to be abused by another person."

This led the court to conclude that "the state presented insufficient evidence — actually no evidence — to support Arita’s convictions."

Arita is awaiting deportation

Kansas City's KMBC 9 reported that Wyandotte County District Attorney Mark Dupree issued a statement lamenting the court's decision.

"The Wyandotte County District Attorney’s Office made arguments that it believed should have upheld the conviction," Dupree stated.

"However, the Court of Appeals disagreed and overturned the conviction," the district attorney continued, adding, "We accept the court’s ruling."

"The defendant has been in custody for almost four years and is subject to deportation and our understanding is he will be deported," Dupree concluded.

Meanwhile, the Kansas Department of Correction provided a statement of its own to KMBC 9 which said that Arita is currently being held at the Hutchinson Correctional Facility and no order for his release has yet been issued.

Man charged with raping girl after 19 deportations and voluntary removals

This is not the first high profile case in Kansas to involve an illegal immigrant who charged for sexually abusing  minors.

Fox News reported in 2016 that 38-year-old Tomas Martinez-Maldonado was accused of sexually abusing a 13-year-old girl while aboard a Greyhound bus in Geary County, Kansas.

The arrest came despite Martinez-Maldonad having a combined total of 19 deportations and voluntary removals since he first came to the United States illegally from Mexico back in 2003.

That led Kansas Republican Sen. Jerry Moran to issue a statement which read, "There must be serious legislative efforts to address U.S. immigration policy, and we must have the ability to identify, prosecute and deport illegal aliens who display violent tendencies before they have an opportunity to perpetrate these crimes in the United States."