1-23-07 - KAKE News has learned that the man accused of killing Jodi Sanderholm had run-ins with police long before the teen was killed.

An Ark City woman claims Justin Thurber tried to abduct her niece. Loretta Caballero says last April her 11-year-old niece was held by Thurber, against her will.

According to police reports, the young girl was asked by a friend of her mom to help the friend translate a conversation with Thurber. The friend didn't speak English very well, so the 11-year-old girl tried to help.

The girl says the woman and Thurber started fighting, and Thurber refused to take them home. Instead, he kept them in his car and drove farther away from town. The girl also says Thurber was exposing himself to both of them.

In the end, both girls jumped from the moving car, ran to a nearby home and called police.

Police showed the girl a photo lineup and she immediately picked out Thurber's picture.

The police reports called the case criminal restraint, endangering a child and lewd and lascivious behavior. But days and weeks went by without an arrest. To this day Thurber has never been charged with these crimes.

Cowley County Attorney Chris Smith says the case was eventually turned over to his office but there wasn't enough evidence to file charges. It would be Mariela's word against Thurber's and Mariela admitted she got in his car willingly.

The information smith received from police didn't have any mention of Thurber exposing himself or committing any other lewd act.

On Monday, after Loretta got copies of the reports, a police lieutenant called and wanted her to come in and talk about the case.

Smith says he has no idea why police would be investigating the case now although it does remain open. And despite any possible oversights, it's unlikely it could have saved Jodi. The charges are all misdemeanors and Thurber, even if convicted, would have been placed on probation.