State v. Mr. M (DMC No. 17062) – Felony Sexual Assault (“Me Too” Allegation) – Not Charged – Scottsdale Police Department Investigated (DR No. 20XX-XXXX1)
Mr. M was an Uber driver who did private driving with “gigs” for various people. He had been driving the alleged victim two or three times a week for the past five months. She had called him one night after she had been drinking and requested him to pick her up. He did so and drove her home.
Before he had left, she had him come into the house to discuss investing in a business. She was dress scantily, and offered him a drink (which he drank). After he finished the drink, he stated he was now leaving.
The alleged victim then said “where are you going”, and he told her that it was time for him to leave. She then exposed her breast and invited him over to her bed. They then started engaging in consensual sex, and Mr. M stopped partway through because he was married. The alleged victim then became upset, and he left her house.
The alleged victim then called 911, and claimed that she woke up with her driver on top of her having non-consensual sex “a half hour ago”. Police then came and interviewed her and took her statement. She also provided DNA swabs and her clothing. At that time, she denied taking a shower, or in anyway doing anything that would remove DNA from her body.
When the police contacted Mr. M, he told them over the phone that he did not want to speak without an Attorney. They had asked him for his cellphone, and he agreed to provide it along with his code. They also took a DNA swab from him. He then secured the services of DM Cantor.
Once we became involved, we asked the Detectives to provide the blood alcohol concentration of the alleged victim (which was a .156). In addition, we demanded the DNA results, which showed no semen detected, no foreign DNA, and no DNA at all from either party on each other. In the early process of fighting the case, the alleged victim eventually told the Police she was not interested in pursuing charges anymore. Because of all of these efforts, the case was “Shutdown,” and Mr. M has No Criminal History.
