No sexual assault charges for NC State football players, Wake DA says

RALEIGH, N.C. (WNCN) – Wake County District Attorney Lorrin Freeman confirmed Friday no charges will be pressed against N.C. State freshman football players Antoine Thompson, Kevince Brown, Isaiah Moore, Erin Collins and Xavier Lyas.

The investigation centered around three sexual assault allegations stemming from a July 21 on-campus party in a student’s room at Wolf Village, police said.

“Our office has undertaken a detailed review of the information provided from the investigation conducted by North Carolina State University police. The evidence does not support moving forward with a criminal prosecution,” Freeman said. “The District Attorney’s office reviewed the statements of those involved and statement of other witnesses, university security video footage, messages between the parties involved, and consulted with toxicology experts in reaching their decision.”

Freeman said she met with the women involved in the case and their families Friday.

Three women made allegations of sexual assault at the party.

“Obviously, whenever these cases come to an end and a decision is made not to move forward with prosecution, there is kind of a determination of figuring out how to move forward with an individual who feels like they’ve been through this type of event,” Freeman told CBS North Carolina.

The five freshman football players were at the on-campus party where alcohol and marijuana were present, the school said.

RELATED: 5 NC State football players disciplined following investigation

Investigators executed search warrants where they looked at cell phones, the residence and reviewed video from campus security cameras.

“Under North Carolina law, a conviction for second-degree rape or sexual battery requires a finding that force was used in the commission of the assault and that the assault was against the will of the victim, or that the victim was mentally incapacitated, mentally disabled or physically helpless at the time of the assault,” Freeman said.

“Can we say that this is a situation that warrants a criminal prosecution where we can meet that threshold of beyond a reasonable doubt? In this case, we simply are not there,” Freeman added.

Freshmen Antoine Thompson and Kevince Brown were dismissed from the team due to a violation of team rules, the school said.

Isaiah Moore, Erin Collins and Xavier Lyas have been suspended, according to the University.

The University will complete a Title IX investigation for violations of the Code of Student Conduct.

Head coach Dave Doeren said Moore, Collins and Lyas will remain suspected until the Title IX investigation is completed.

“I continue to respect due process and these student-athletes remain suspended from competition until conclusion of the University’s investigation. As I said previously, I will be firm, but fair when it comes to discipline. We have a team full of young men committed to representing the University with integrity and respect,” Doeren said in a statement.

N.C. State University released a statement that read:

From the onset, NC State University has remained dedicated to completing thorough and accurate criminal and Title IX investigations while ensuring due process and appropriate support for those involved.
The university’s Title IX investigation is ongoing and will determine if there were violations of the Code of Student Conduct. Based on the outcome of the Title IX investigation, those involved could face university disciplinary action. Results of the Title IX process and any disciplinary outcomes from the student conduct review are protected by federal law.

“We appreciate the hard work of University Police and the consultation of the District Attorney’s office,” said Chancellor Randy Woodson. “The university’s student conduct review continues, and appropriate action will be taken if violations are found.”

Athletics took previous action based on violations of the Student Athlete Code of Conduct. Two football players were dismissed and three others were suspended from competition for participating in the July 21 party where alcohol and marijuana were present. These disciplinary actions were not regarding the sexual assault allegations. The three suspended players will remain suspended from competition pending the outcome of the Title IX investigation.

CBS North Carolina will update this story as it develops.

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