Actor and former ARC student Christian Brian Hirtzel (standing right) rehearsing for ARC’s production of Young Frankenstein. Hirtzel was found guilty on four counts relating to sexual extortion and will be sentenced on August 2. (File Photo)

The Sacramento County District Attorney’s office will not file a rape charge against former ARC student Christian Brian Hirtzel.

During Hirtzel’s last court appearance, James Wax, deputy district attorney in the cyber crimes unit, said that an additional accuser came forward between court dates and presented allegations that led the DA to pursue a rape charge.

Wax said that the DA will not be filing the rape charge at this time, but this decision doesn’t mean that it couldn’t be filed in the future.

“The conduct doesn’t necessarily fit the (rape) charge,” Wax said. “That’s not to say that she’s not a victim.”

Wax added that even if the DA doesn’t file the rape charge they will most likely add new extortion charges concerning the new accuser.

Sacramento DUI and defense attorney Amber Bellante, who is representing Hirtzel, requested for the case to be pushed back so that she has more time to talk to her client.

Judge Joseph Orr agreed to set another court date for June 14, but said that the defense would have to take a plea at that time or the case would move on to a preliminary trial.

The Current will update this story as more information becomes available.