Takeaways from Police Report in Jameis Winston Investigation

Matt Fitzgerald@@MattFitz_geraldCorrespondent IIIDecember 6, 2013

Takeaways from Police Report in Jameis Winston Investigation

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    State attorney Willie Meggs on Thursday.
    State attorney Willie Meggs on Thursday.Don Juan Moore/Getty Images

    It was revealed during a Thursday press conference that Florida State Seminoles quarterback Jameis Winston will not face any charges stemming from an alleged sexual battery in December 2012.

    As reported by ESPN's Joe Schad, neither Winston nor anyone else will be charged in the case "based on sufficient evidence" and some inconsistencies in the accuser's story, per state attorney Willie Meggs.

    Here is an overview of the most important information from the police report, including the victim's story and affidavits from witnesses of the incident  


    Note: All information in this article was obtained from the complete police report on the investigation, which can be viewed in its entirety here.

The Evidence

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    The beginning of the police report provides a general overview of the five separate submissions of evidence from the Florida Department of Law Enforcement to the Tallahassee Police Department. These occurred between Jan. 17, 2013, and Dec. 2, 2013.

    Below is a chronological overview:

    • Jan. 17, 2013: Findings from the sexual assault evidence kit were submitted, consisting of two from the accuser's clothing, along with blood specimen from the tox kit.
    • Nov. 15, 2013: A buccal (mouth) swab from Jameis Winston was provided.
    • Nov. 21, 2013: The third submission consisted of buccal swabs from Ronald Darby, one of Winston's teammates, and Marcus Jordan, a friend of the accuser.
    • Nov. 27, 2013: The Tallahassee police department received further findings from the sexual assault evidence kit: A DNA sampling from the kit and the accuser's clothing, along with microscope slides of each. A buccal swab for Chris Casher, Winston's teammate and also roommate at the time, was included as well.
    • Dec. 2, 2013: The final submission included the accuser's blood specimen from the tox kit.

    It was determined that the partial foreign DNA profile found on the accuser's underwear matched Winston's DNA profile. Two sets of DNA were found on the accuser's shorts, one of which belong to a known acquaintance of hers, Jamal Roberts.

    A urine and blood sample was also taken from the accuser, and it was determined that no drugs were in her system and that she had a BAC of .048.

    The findings were investigated by Tallahassee Police Department detective Scott Angulo.

Initial Accuser Testimony and Summary of Sexual Assault Information Sheet

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    The accuser was cooperative from the start, according to the police report.

    In the accuser's original description of the suspect, she stated that he was 6'2" with a dark complexion and "kind of Asian looking eyes."

    The alleged incident began to unfold at approximately 11:30 p.m. at a bar, where the accuser went to Potbelly's to have drinks with some friends.

    She then stated that she got into what seemed to be a cab and was taken to the incident location, an off-campus apartment. Once arriving at the location, she and the suspect went into a bedroom, where she claimed he began to take off her clothes and have intercourse with her.

    The accuser tried to stop the suspect and physically resisted, but the suspect held her down by her arms. She claimed another male entered the bedroom at some point and told the suspect to stop.

    She was then taken into a bathroom, where the suspect continued the assault. Her next memory was being driven home on the back of a scooter by the suspect.

    Here is the accuser's handwritten statement:

    I was at Potbelly's with Monique and Marcus, we all shared about 5 or 6 drinks. We were hanging out mostly with Marcus' friends. One of them gave me a shot. Monique left, I texted her to see if she had my ID and my room keys, she said that she left all the stuff with me. Next thing I know I was in the back of a taxi with a random guy that I have never met. There was another person in the taxi. We went to the apartment, I don't know where it was. I kept telling him to stop but he took off all my clothes. He started having sex with me and then his roommate came in and told him to stop. He moved us to the bathroom "because the door locked" and I'm not 100% sure how everything in there happened. Afterwards I laid on his bed and he put my clothes on and we went outside and got on his scooter. He asked me where I lived and I told him Salley Hall. He dropped me off at Call and Stadium and then left.

    The accuser was dropped off at Call Street and Stadium Drive, walked back to her apartment and then called the police. She was taken to the Tallahassee Memorial Healthcare emergency room to undergo treatment, where evidence was collected.

    The Sexual Assault Information Sheet stated that the accuser had "vague recollections of events from last night." 

    When the reporting officer made contact with the accuser, she seemed "very tired but lucid (not intoxicated)." She stated at that time that she estimated consuming about five drinks at the bar and was separated from her other friends, at which point she entered the taxi with several males.

    Due to the accuser's fatigued state, it was decided a second interview with her later in the day would be beneficial. She was unsure whether or not she wanted to press charges.

Second Tallahassee Police Interview with Accuser on Events Preceding Incident

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    The accuser came to the police station later in the day on Dec. 7, 2012, at approximately 3:45 p.m. for the second interview.

    On the night of the incident, the accuser's friend, Ashley, saw a text on the accuser's phone from someone who told her to meet him outside of Potbelly's. Ashley told her this before the time of the interview, but she does not recall getting the text and did not find it in her phone.

    The accuser arrived with a friend named Monique Kessler at Potbelly's. Monique told her that she remembers the accuser talking to a larger black male near Potbelly's bathrooms. The male stated that he was on the Florida State football team and was a linebacker, but Monique didn't know whether or not the accuser left the bar with him.

    In the beginning of the recorded interview, the accuser stated that she began the evening of the incident at Potbelly's with some friends. They were all sharing drinks until their other friend, Marcus Jordan, arrived.

    According to the report, once Marcus got to the bar, the accuser, Marcus and Monique shared five drinks, then had three shots. The accuser did not remember the shots. The bartender also gave the accuser a shot.

    As opposed to before, when she described the suspect as being 6'2", the accuser estimated that he was between 5'9" and 5'11" in this interview, and noted that he had a short afro that looked like it needed to be cut.

    She stated there were three black males, excluding the driver, in the cab with her when she left the bar.

    The number of drinks and people in the cab with her changed from her handwritten account, and the estimated height of the suspect also differed. 

Accuser's Account of Assault from Second Tallahassee Police Interview

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    Sam Greenwood/Getty Images

    The accuser described the apartment complex she was taken to as "looking like a hotel." When she got there, she entered an apartment on the ground floor. She entered the suspect's bedroom, which had a broken door that did not shut all the way, along with its own bathroom.

    She remembers lying down on the bed as the suspect removed her clothes, stating that she was "kinda coherent" and was "just laying there." When the intercourse began, the accuser told the suspect to stop, but she did not yell or scream because she said she felt sick.

    When the bigger (but not taller) male entered the room, he told the suspect to stop, and the suspect responded by carrying her into the apartment's bathroom, where he continued the assault.

    After the alleged assault was over, the suspect told the accuser that she "could go now" and drove her home on his black scooter, dropping her off at the intersection of Call Street and Stadium Drive.

    The accuser stated that she was familiar with the football player she was talking to by the bathrooms at Potbelly's and that his name was Chris, a freshman. She remembers that Chris was looking for his roommate at Potbelly's that evening, but did not believe he was in the cab with her.

    There was still no indication from the accuser that she wanted to press charges at the end of the second interview.

    Then, a dispatch call by one of the accuser's friends surfaced, and the story changed. 

Florida State Police Department Report of the Incident

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    Jenna Weisberg, a friend of the accuser, called the Florida State Police Department on Dec. 7, 2012, to report that her friend had been raped.

    The computer-aided dispatch notes from the call indicate that the victim met the suspect at Potbelly's earlier that night and was hit on the head and repeatedly blacked out during the incident.

    Officer Harris from the FSUPD stated in his report that upon making contact with the accuser, she said she had five mixed drinks containing vodka and an unknown mixer at Potbelly's earlier that evening.

    An unknown male then handed her a shot, which she took, and she could not remember anything else after that.

    She came to waking up on the floor of an unknown apartment, then described having intercourse. The accuser said a black male with dreadlocks stood in the doorway and told the suspect to stop, as did she, but the suspect replied that it would "be OK."

    There was no mention of the accuser being hit on the head in the other reports, which was among the most notable differences in the accuser's description of the incident.

Beginning of Investigation

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    Tallahassee Police Department investigator Scott Angulo received a voicemail from the accuser on Jan. 10, 2013, where she stated that she thought she knew who the suspect was.

    Angulo returned the call one day later, and the accuser stated that she thought the suspect was in one of her classes, and his name was Jameis Winston. 

    Winston was called to schedule an interview with the police, but he stated that he had baseball practice that day and would call back at a later time to set it up. The next day, attorney Tim Jansen arrived at the police station and said he would be representing Winston.  

    Jansen was given an outline of what happened. When he was contacted later, he stated that he felt it wasn't in his client's best interest to give a statement at the time.

    There was still indecision on whether or not to press charges, which left any further investigation in limbo.

    Months later when the case was reopened, two of Winston's teammates who were there on the night of the incident came to his defense.

Ronald Darby Affidavit

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    Ronald Darby, Winston's teammate, is a sophomore defensive back for the Seminoles. Darby was interviewed by Monica Jordan on Nov. 13, 2013, who was working on behalf of counsel for Winston.

    In his affidavit that was released following the interview, Darby states that he, Chris Casher and Winston went to Potbelly's on the evening of the incident (Dec. 6, 2012) at around 11 p.m. He described a white, blonde female, who was talking to Winston and appeared to be pursuing him.

    When the three football players decided to leave, the same girl followed them outside. She did not appear intoxicated, and she even carried on a conversation with the three players and texted her friend to come join them.

    When they all got back to the apartment complex, Darby stated that the girl followed Winston into his room. He noted that Casher was looking through the cracked door at Winston and the girl while they were engaging in sexual activity.

    When the girl saw Casher, who was attempting to embarrass Winston, she told him to get out and shut the door. 

    Darby implied that the girl was a willing participant and at no point did anything that indicated she wasn't. After 20 minutes, Darby noticed Winston and the girl leaving as he headed upstairs to his apartment. Approximately five minutes after Winston left with the girl on his scooter, he returned to the apartment. 

Chris Casher Affidavit

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    Chris Casher, another teammate of Winston's, is a freshman defensive end for the Seminoles and was Winston's roommate at 415 Chapel Drive in December 2012.

    He was also interviewed by Monica Jordan on Nov. 13, 2013, and corroborated the testimony that Ronald Darby provided.

    Casher stated that he met the white female with blonde hair the night he, Darby and Winston went to Potbelly's. The girl took an interest in him when he said he was a football player and gave him her phone number.

    When the three players decided to leave, he recalls the same girl following them outside and essentially inviting herself in their cab. She did not appear intoxicated and did not slur her words or stumble.

    Upon arriving at Legacy Suites, the girl followed Winston into his room, where his apartment door was still slightly ajar due to a broken lock. The lights were still on.

    That allowed Casher to see what was going on, and he busted into the room as a joke when he saw them having intercourse. He said the girl yelled at him to "get out" and turned off the light and tried to close the door. He could hear them continuing to have sex.

    Casher also believed that she was a willing participant, based on what he'd seen.

    After approximately 20 minutes, Casher went to his bedroom and could hear Winston and the girl leaving, and they were conversing in a friendly manner.

Case Suspended Due to Lack of Probable Cause, Inconsistencies in Story

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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.