Fees were dropped Thursday in opposition to College of Principal Florida scholars who have been accused of gang raping a woman at a frat birthday party.
David Anthony Kirk, 20, and Jack Ryan Smith, 26, had been both facing serious jail time upon getting arrested back in April for sexual battery.
The Alpha Tau Omega fraternity brothers had been at an off-campus celebration space for a throwdown known as the “Meat Manufacturing Unit” when the alleged assault went down, according to the police document.
The sufferer claimed that she used to be consuming closely when Smith and Kirk took her within a bedroom and began raping her. She advised police that she heard one of them pronouncing “my turn, my flip” as they pressured her to perform oral sex and other acts in opposition to her will.
Kirk and Smith had been arrested a few days later after an ATO member came upon in regards to the alleged rape and encouraged the woman to contact authorities.
Prosecutors, alternatively, weren’t introduced enough proof to pursue charges and officially decided to drop the case Thursday. The Orange-Osceola State Lawyer’s Place Of Job filed a notice, saying it used to be “now not appropriate for prosecution,” but equipped no other main points.
Kirk and Smith were claiming for weeks that they were innocent and that the alleged sufferer was just embarrassed as a result of she was once stuck having sex with men.
“I’ve never performed anything else improper in my existence,” proclaimed Smith all the way through his first court docket appearance.
Kirk’s lawyer, Ken Lewis, has previously stated that witnesses got here forward through the research and debunked the lady’s story, even though it’s unclear if this performed a task in the state attorney’s resolution to drop the fees.
“Justice was once served,” Lewis told the Orlando Sentinel. “The State Attorneys Office must be lauded for in moderation vetting this example and following the regulation.”
With Submit wires