Charges not expected for Jameis Winston: Commentary on the unredacted police report

Steve Mitchell-USA TODAY Sports

Based on sources and other information, including the original, unredacted police report, a copy of which Tomahawk Nation has obtained, I am confident that Jameis Winston will not be charged in the investigation of an alleged sexual battery from December 7, 2012.

As I wrote on November 25, State Attorney Willie Meggs said that he would not bring charges unless he has "a reasonable likelihood of conviction at trial."

For sexual battery cases in which consent, and not the existence of a sexual encounter, is in dispute, like this one, credibility of the complainant is perhaps the most important factor for the State Attorney to consider.

The unredacted police report contains at least four different versions of events given to investigators. Two were given by the complainant herself. Two are told by the complainant's friends to the police, as they claim were told to them by the complainant. The complainant's memory of the night in question is incomplete, for a reason that is not clear.

According to the report, the complainant twice described the male as black, with a dark complexion, and hair that needed to be cut. However, the report indicates that she first described the suspect as being 6'2, but less than 24 hours later, claimed that he was 5'9 to 5'11. On January 11, the report indicates that the complainant identified Jameis Winston, who more closely resembles the first description than the second (Winston is 6'4).

The report says that she first described the male who witnessed the sexual encounter in relation to the suspect as being "not as big and having dreads." But in the second interview, the report says that she says the male was "bigger, but not taller" than the suspect.

The complainant maintains in both stories that she had five "vodka drinks." In one version, the complainant mentions taking shots, but that she was told about taking the shots, and does not remember taking them. However, the detective interviewing the complainant noted in the report that the complainant "appeared to be very tired, but not intoxicated." The complainant's family later claimed that the detective told the family that the complainant's blood work results showed that she was not intoxicated, a laboratory finding consistent with the detective's observation.

The complainant is not the one who called police. Instead, her friend did. The CAD notes from the friend's call to police indicate that the complainant claimed she was hit on the head and was blacking out during the incident.

Another friend told police that the complainant told her she was hit on the head at a party and had blacked out when the incident occurred. That is the only mention of a party in the report.

The police also retrieved text messages and phone records from the complainant's phone and cellular provider.

The friend who told the police about the complainant's claim of being hit on the head at a party also seems to be the one who first told the complainant's parents on the night in question, indicating to police that she was sorry for telling the complainant's parents despite the complainant's request not to do so.

Also, 72 minutes after the police were contacted, the complainant received a text from an unknown individual stating "I got spa-2." The complainant immediately replied via text "will you text me the answers pleaseeee." "Spa-2" is not a listed class at Florida State University, but finals were going on during the time period and continuing into the next week, and "Spa-2" could be an abbreviation for a course.

The end of the police report says that the case is being suspended due to a lack of cooperation from the victim -- a claim that the victim's family disputed in a statement, but that if the victim decides to press charges, the case will be pursued.

Given the potential credibility issues presented by the contradicting stories given to police, and the lack of evidence of intoxication or so called "date rape" drugs in the complainant's system to perhaps explain the inconsistencies, the complainant's credibility could be an issue.

And sources indicate those issues, along with a lack of overall evidence, are compelling.

There are other factors pointing to charges not being brought, as well. Winston's attorney has indicated that he has two exculpatory eye-witnesses who gave affidavits to police. Tomahawk Nation has learned that neither witness's DNA was matched to the second DNA sample obtained from the complainant.

Willie Meggs is scheduled to announce his findings at 2 pm Thursday. According to prominent defense attorney Chuck Hobbs, this could indicate that Meggs is unlikely to charge Winston.

"It sends a strong signal that Jameis Winston will not be charged and Mr. Meggs will use the press conference to explain the results of the thorough investigation that his office completed over the past few weeks," Chuck Hobbs, a defense attorney who previously worked for Meggs in the state attorney's office, told Yahoo Sports on Wednesday evening. -- Yahoo

Calls seeking comment from the complainant's attorney were not returned before publishing.

Winston's attorney said Wednesday that he and his client will have a press conference some point after the Willie Meggs press conference. Florida State will fly to Charlotte Thursday night for Saturday's ACC Title Game.

Tomahawk Nation will continue to bring you live coverage of this story throughout the day.

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