CNN
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Three present or former San Diego State College soccer gamers, together with the Buffalo Payments’ newly drafted punter Matthew Araiza, are accused of gang-raping a then-17-year-old woman at a Halloween occasion final yr, in accordance with a lawsuit filed Thursday by the legal professional for the plaintiff recognized in courtroom paperwork as Jane Doe.
Araiza, Zavier Leonard and Nowlin “Pa’a” Ewaliko had been a part of the San Diego State College soccer crew on the time of the alleged incident final October.
Araiza mentioned in a press release issued via his legal professional that, “The information of the incident should not what they’re portrayed within the lawsuit or within the press. I look ahead to rapidly setting the document straight.”
Earlier, his legal professional, Kerry Armstrong, informed CNN his consumer didn’t rape the accuser.
“He by no means used any drive in opposition to her. She was not visibly intoxicated. He didn’t hand her a drink with something in it,” Armstrong added.
Araiza “hopes it doesn’t have an effect on this profession with the Buffalo Payments. He actually likes the crew and hopes he can stick with them,” mentioned Armstrong.
Jane Doe says she attended a celebration within the San Diego space with pals, however was separated from them when she met Araiza, in accordance with the lawsuit. The declare additional asserts that Araiza “may observe that Doe was closely intoxicated” and “handed her a drink anyway.”
“Doe knowledgeable Araiza that she attended Grossmont Excessive Faculty. Araiza, who was 21 years previous, knew or ought to have identified that Doe was a minor,” the criticism says.
The girl says Araiza led her to a bed room the place “there have been not less than three different males already within the bed room,” together with Leonard and Ewaliko, who had been each not less than 18 on the time, in accordance with the courtroom doc. Shortly after Doe entered the bed room, the lads allegedly started participating in intercourse acts together with her, the lawsuit claims.
“Doe was raped for about an hour and a half till the occasion was shut down. Doe stumbled out of the room bloody and crying,” mentioned the criticism.
Doe reported the alleged incident the subsequent day to the San Diego Police Division and underwent a rape examination at an area hospital, in accordance with the lawsuit. Days later, detectives organized “pretext” calls between Doe and the lads they’d decided as her alleged attackers, mentioned the declare.
“Through the name, Araiza confirmed having intercourse with Doe, even telling her that she ought to get examined for STDs,” mentioned the declare however when she pressed him about their encounter, “Araiza instantly modified his tone, saying, ‘That is Matt Araiza. I don’t bear in mind something that occurred that night time,’ at which era he terminated the pretext name by hanging up on Doe,” the criticism alleges.
Ewaliko’s lawyer, Marc Carlos, informed CNN in a telephone interview that he sees some points with Doe’s credibility and the circumstances below which she reported the occasion. “The submitting of the civil swimsuit is clearly an try and put stress on the DA to file a case,” he mentioned.
Ewaliko shouldn’t be enrolled at San Diego State this semester, in accordance with Carlos.
Leonard’s legal professional, Jamahl Kersey, mentioned: “We’re conscious of the lawsuit that was filed yesterday and we respectfully decline to remark.” He mentioned he couldn’t touch upon his consumer’s standing as a San Diego State scholar or participant.
The police division has submitted its investigation to the San Diego County District Legal professional’s Workplace and is being reviewed, the DA’s workplace mentioned, although officers didn’t point out when a charging choice could be made.
CNN has additionally requested remark from police.
The college launched a press release saying it “takes allegations of sexual assault significantly.” however was not in a position to launch particular particulars on the case because of privateness issues stating the allegations had been nonetheless below “lively college investigation.” The assertion mentioned additional {that a} violation of the college’s scholar code of conduct may probably lead to “suspension, dismissal or expulsion.”
“We had been lately made conscious of a civil criticism involving Matt from October 2021,” a Buffalo Payments spokesperson mentioned. “As a result of critical nature of the criticism, we performed an intensive examination of this matter. As that is an ongoing civil case, we could have no different remark at this level.”
Araiza didn’t play throughout Buffalo’s 21-0 loss in a pre-season sport to the Carolina Panthers on Friday. “On the finish of the day I didn’t really feel prefer it was proper,” mentioned coach Sean McDermott.
Questioned after the sport in regards to the allegations, McDermott described it as an “extraordinarily critical” scenario. “We need to discover the reality and determine this out the suitable means and do the suitable factor.”
NFL spokesperson Brian McCarthy mentioned in a press release league officers are conscious of the matter however had no extra remark.
An NFL participant can’t be suspended for conduct earlier than becoming a member of the league. But when an individual is investigated for actions that happen whereas an NFL participant, prior conduct can issue into potential self-discipline, in accordance with the NFL’s private conduct coverage.
