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Tallahassee Police Department investigator Scott Angulo submitted a report on Dec. 5, 2013, stating that the case was left suspended based on the fact that probable cause could not be established.
Angulo cited inconsistencies in the statements the accuser provided to her friends and what was reported to police. That the accuser did not choose to press charges at the time also hindered things.
These factors meant the case did not meet statutory requirements for prosecutorial review. Angulo's sergeant and lieutenant were both aware and in agreement with the detective's initial decision not to submit the case to the Office of the State Attorney on those grounds in February 2013.
When Angulo learned that a media source was inquiring about the case on Nov. 12, 2013, it was reopened. Angulo was instructed to notify the Office of the State Attorney of the case.
There were several inconsistencies in the accuser's accounts of the incident. Perhaps the biggest discrepancy is Jenna Weisberg's call to the FSUPD, when she asserted that her friend had been hit on the head and blacked out.
That was also mentioned by another friend of the accuser, Bria Henry, who was sent a text by the accuser to call her and told her she was at a party when she got hit on the head, blacking out after that.
Other inconsistencies included her handwritten account and the differing number of people she described in the cab with her when she left Potbelly's. The number of drinks the accuser had also varied.
Angulo noted that the stories from Darby and Casher lined up with Tim Jansen's to reflect what happened during the incident. The only discrepancy came when Jansen's statement asserted that Casher barged in on Winston and the accuser during the incident to "surprise" him.
Casher admitted in an interview with Angulo that he was also seeking to engage in sexual activity with the accuser, at which point the girl told him to get out. Then he attempted to videotape Winston and the girl, and she told him to get out again, turned off the lights and went into the bathroom with Winston.
The media inquiry was what allowed the case to be reopened. However, the accounts of events from Darby and Casher lined up.
Those affidavits, combined with the initial reluctance to pursue charges and the accuser's inconsistent story, prevented the possibility of Winston being prosecuted in the case.