State v. Mr. W (DMC No. 18296) – Felony Sexual Assault (“MeToo” Allegation) 17-year-old/16-year-old – Not Charged/”Turned Down” by Maricopa County Attorney’s Office – Glendale Police Department Investigated (IR No. PI XXXXX7)
Mr. W was friends with two girls from his High School who were 16 years old. He went over their house in order to hang out with them, and the girls began drinking a lot of alcohol. In addition, they would do drugs (which Mr. W was against). At some point, all of them were having conversations about having a threesome. The two girls had dated in the past, as one of them was bisexual, and the other one was a lesbian. Mr. W eventually left the house without having any physical contact with either of the girls, and he had made statements about telling other people that they were doing drugs. At this point, one of the girl’s then claimed that she had been Sexually Assaulted. The Police arrived at her house, and collected evidence, however she refused to complete a Forensic Examination. Later we discovered that the officer’s body camera was not activated and this interview was not recorded.
The next day, she went to Utah. While she was in Park City, she submitted to a Forensic Examination. What was unusual also was that she posted on social media many photos where she was happy and laughing with friends (although she claimed she was Sexually Assaulted the night before). About a month after the incident, the alleged Victim came back to Arizona and went to the Glendale Family Advocacy Center for a Forensic Interview. She also agreed to do a “Confrontation Call” regarding Mr. W. At some point during her interview, one of the witnesses stated that they had discussions about a three-way. At first, the alleged Victim denied this, and then she agreed that this was the story. She also originally denied drinking, and then also admitted to that later.
The actual Confrontation Call didn’t happen for another two months, and when Mr. W was on the phone, he was confronted about Sexual Assault and he stated “well, for starters, that never happened. I would never Sexually Assault anyone”. He also discussed the drugs that were being done that night and, said they were only upset at him because he was going to snitch on them. About six months later, Detectives showed up at Mr. W’s house and obtained a buccal swab. It was at this time that he retained the services of DM Cantor.
We immediately got involved and got all copies of the Police Reports. In addition, we interviewed all witnesses that we could locate. We also gathered all social media that the alleged Victim had posted on the internet. Lastly, when we obtained the DNA results, it showed that there was no male DNA located anywhere on the alleged Victim or her clothing. Lastly, we had Mr. W take a Polygraph in which he “passed”. All of this information was forwarded to the Maricopa County Attorney’s Office, and they ultimately made the decision to “Turn Down” the case for prosecution. Had Mr. W been Charged and Convicted, he could have spent over 15 Years in Prison.
