Mom of Kyron Horman gives up on civil case - WTOC-TV: Savannah, Beaufort, SC, News, Weather & Sports

Lawsuit dropped, criminal investigation continues in Kyron Horman case

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Desiree Young (left) and Terri Horman (right). Desiree Young (left) and Terri Horman (right).
Kyron Horman, left, on the day he disappeared, and an age progression image (right) of what he may look like today. Kyron Horman, left, on the day he disappeared, and an age progression image (right) of what he may look like today.
Desiree Young, Tuesday Desiree Young, Tuesday
PORTLAND, OR (KPTV) -

Desiree Young, the mother of missing Portland boy Kyron Horman, is dismissing her civil suit against Terri Horman, because she said her case can't move forward without compromising the criminal investigation.

Young filed a $10 million lawsuit against Terri Horman in June of last year. She said she wanted Terri Horman to face justice in the 2010 disappearance of Kyron Horman.

But in a statement at the Justice Center in downtown Portland, Young announced Tuesday she is dismissing the case.

"Because my civil case cannot move forward without the police files, it is with great disappointment that I make this difficult decision," Young said.

She said the district attorney's office and police investigators have the same goals in bringing Kyron Horman home, and she fears her civil case could "get in the way of these goals."

Young spoke directly to Terri Horman in her statement delivered in downtown Portland, and promised to press on in the search for her son.

"Terri, I can't tolerate the continued silence. I will not stop. I will not give up," Young said.

Young also spoke to her missing son.

"Every day that you are not here safe in my arms is another day of agonizing torture," she said. "The deafening silence in the house is too much for me. I miss your sounds, your noises, I miss your smile, and I miss your hugs and your kind heart."

Terri Horman's attorney, Stephen Houze, sent a statement to Fox 12 saying he was not surprised by Young's decision to dismiss the civil case.

"The lawsuit was unfounded and lacking in legal merit," Houze said. "One can only hope that the dismissal of this meritless lawsuit receives the same degree of media scrutiny as was given to its filing."

Kyron Horman was 7 years old when he vanished from Skyline School on June 4, 2010. His disappearance prompted the largest search in state history, but he was never found.

No suspect has ever been named in the case, but the investigation centered on stepmother Terri Horman.

As part of Young's lawsuit, one of Terri Horman's friends, DeDe Spicher, was called in for a deposition in 2012, and she refused to answer 142 questions regarding the case. She cited her Fifth Amendment right.

However, Young's attorney on Tuesday referenced a new development in a recent grand jury meeting.

"It's my understanding that (Spicher) finally agreed to testify in front of the grand jury a week or two ago," said Elden Rosenthal, Young's attorney.

Young said she was hopeful Spicher provided good information to the grand jury, but did not speculate on what information that could be. Spicher appeared before the grand jury at least one other time, in July 2010.

"We don't know. But I think everything's a possibility," she said. "The fact that she hadn't talked up to now. We just don't know."

Attorney and former MCSO captain Bruce McCain said people could be called to testify before a grand jury repeatedly, and refuse to answer questions based on their Fifth Amendment rights.

"The bigger question is, if it's true that she is supposedly cooperating, what's the motive, why would she be doing that now?" he said. "And the most likely reason, if it's true, would be some type of immunity or plea deal to get her to testify against someone else."

Last month marked three years since Kyron Horman's disappearance.

His father, Kaine Horman, spoke with FOX 12 last month about his belief that the boy will still come home. On Tuesday, he said he had mixed feelings about the lawsuit being dropped.

"Disappointment, as far as not being able to proceed in that particular avenue, but definitely relief for the fact that we've got to do everything we can to protect the information in the investigation," he said.

The Multnomah County Sheriff's Office issued a statement Tuesday saying, "While the civil suit was of interest, it did not affect the course of action, or goal of the investigation."

The criminal investigation remains active and ongoing. Deputies said they are in close contact with Kyron's parents, and Sheriff Dan Staton meets regularly with Kaine Horman about the case.

"Sheriff Staton wants the citizens of Multnomah County to know this criminal investigation remains a high priority for the sheriff's office, and that it will continue unimpeded," the statement said. "The integrity and security of the investigation remains foremost for this agency."

Copyright 2013 KPTV-KPDX Broadcasting Corporation. All rights reserved.

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    Kyron Horman

    Tuesday, December 31 2013 6:42 PM EST2013-12-31 23:42:36 GMT
    Kyron Horman disappeared from Skyline School in northwest Portland on June 4, 2012. He hasn't been seen since. RAW VIDEO: Watch Desiree Young's remarksREAD: Desiree Young's lawsuit against Terri HormanMore >>
    Kyron Horman disappeared from Skyline School in northwest Portland on June 4, 2012. He hasn't been seen since. RAW VIDEO: Watch Desiree Young's remarksREAD: Desiree Young's lawsuit against Terri HormanMore >>
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