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Three charged with sexually assaulting classmate at high school graduation party

Three recent graduates of St. Viator High School in Arlington Heights have been charged with sexually assaulting a classmate at a high school graduation party in Roselle.

Zachary Mascolo

Kevin N. Niemiec, 18, of the 700 block of East Elaine Circle in Prospect Heights, is charged with three counts of felony criminal sexual assault, according to DuPage County court records.

Zachary V. Mascolo, 18, of the 900 block of North Beverly Avenue in Arlington Heights, and Jon R. Clary II, 18, of the 1700 block of Ariana Drive in Bartlett, are each charged with two counts of felony criminal sexual assault, according to court records.

Jon Clary II

DuPage County Judge Joshua Dieden ordered that Niemiec be detained. But the judge denied prosecutors’ requests that Mascolo and Clary be detained.

The woman and the defendants graduated in May.

According to the detention petitions, the 18-year-old woman was at a party June 14.

The woman told authorities that at some point between June 14 and June 15, she was in a minivan with Mascolo, Clary and Niemiec. The woman reported that the three then sexually assaulted her, according to authorities.

Authorities say the woman went to the home of a friend, where she contacted her sister, who, in turn, told their parents. The parents immediately picked her up and brought her to a local hospital for medical attention, officials said.

According to court records, Roselle police collected DNA evidence from the minivan and the woman’s clothes. They also interviewed multiple witnesses, reviewed 41 clips of dash camera videos from the minivan and 206 Ring security camera video clips.

Prosecutors also introduced evidence of text messages of the three defendants. In one, between Clary, Mascolo and an undisclosed third person, Mascolo wrote “the lion doesn’t take no for an answer.” St. Viator’s mascot is a lion.

If Mascolo is convicted, he faces a sentence of eight to 30 years in prison.

If Niemiec and Clary are convicted, they face sentences of 12 to 45 years in prison.