In her initial statement to police, the woman could not recall how she met the suspect. She did not remember if the person wore a condom. She said she did not remember dressing herself.
Why did the woman have difficulty remembering so much? She was seemingly drunk.
A Tallahassee Police Department report states that the alleged victim told police she had about five cups of vodka and a shot at the bar — Potbelly’s.
When Florida State Attorney Willie Meggs announced that Winston would not be charged with sexual assault, he said he didn’t know if they would reach the burden of conviction if they went forward with charges.
“We have a duty as prosecutors to determine if each case has a reasonable likelihood of conviction,” Meggs said. “After reviewing the facts in this case, we do not feel that we can reach those burdens.”
They say her ability to recall details from the night in question was a problem.
At another point in the documents, it states that the woman hit her head and had trouble remembering things.
In his affidavit, one of the witnesses, Ronald Darby, states that “the female did not appear intoxicated.” In his statement, witness Chris Casher, a DE on the Seminoles football team, stated the accuser “was not intoxicated.” He also says that the accuser gave him her phone number and virtually invited herself to their apartment.
“She was not slurring or stumbling,” Casher said in his statement.
The accuser’s blood alcohol level was .040 the night of the encounter. There was no evidence of any drugs having been in her system.