No charges filed against NC State players accused of sexual assault

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Serious allegations won’t linger for three current and two former North Carolina State football players, at least legally.

Friday, Wake County District Attorney Lorrin Freeman announced that her office will not pursue charges against Antoine Thompson, Kevince Brown, Isaiah Moore, Erin Collins and Xavier Lyas in connection to allegations of sexual assault stemming from an on-campus party in July. Three women who were at the party claimed that they were sexually assaulted in one way or another, including one who alleged she may have been raped by 7-10 unnamed men.

“Our office has undertaken a detailed review of the information provided from the investigation conducted by North Carolina State University police,” Freeman said. “The evidence does not support moving forward with a criminal prosecution. …

“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.

“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.”

According to Freeman, her office reviewed statements made on both sides of the allegations as well as the statements of other witnesses, university security video footage, messages between the parties involved, and consultations with toxicology experts in deciding not to proceed with charges. Warrants to search the cars, rooms and phones of football players, and the information the executed warrants brought forth, were used in the decision-making process as well.

All five players were subject to disciplinary measures because of violations of State’s Student-Athlete Code of Conduct, not because of the allegations of sexual assault but, officially, for attending a party where alcohol and marijuana were present.

Thompson, a linebacker, and Brown, a defensive end, were dismissed from Dave Doeren‘s football team as a result of the off-field incident. Moore, a linebacker, and the two defensive linemen, Collins and Lyas, were indefinitely suspended. Despite the legal resolution, that trio will remain suspended until a Title IX investigation, which has already commenced, is completed.

“I continue to respect due process and these student-athletes remain suspended from competition until the conclusion of the University’s investigation,” the Wolfpack head coach in a statement. “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.”

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