The grand jury dismissed the cast against a Winchester man who allegedly had intercourse with a 13-year-old girl in March.

Andre Kyle Delgado, 18, of 253 Cook Ave., was arrested March 16for second-degree rape after the girl’s mother told Winchester Police. According to court documents, the mother told police the alleged victim was spending the night with anotehr girl, but they snuck out  to go to a party with another boy. The boy supposedly gave them alcohol.

In court documents, Delgado told police the girls were intoxicated when they arrived at his home. One of the girls wanted to have sex and said told Delgado was almost 16, according to the report.

Delgado admitted to having intercourse with the girl.

An automatic not guilty plea was entered in Clark District Court and Delgado’s attorney waived a preliminary hearing to send the case to the grand jury.

The grand jury meets in secret and its deliberations are sealed.