UPDATE: Sexual assault charges dropped against former student JD Mahaffey
Published: Monday, March 18, 2013
Updated: Wednesday, March 20, 2013 11:03
Prosecutors filed a motion to dismiss the charges against Mahaffey, Thurs. March 14. The Dallas Observer reports that the one-page motion said, “Upon review of all facts associated with this case by Assistant District Attorney Cresta Garland, it has been determined there is no probable cause to support an element of the offense.”
Mahaffey, a sophomore at SMU was arrested on Sept. 25, 2012, after a male student reported he had been sexually assaulted twice in the early morning of Sept. 23.
The student reported to SMU Police that Mahaffey forced the student to perform oral sex on him.
According to the arrest warrant affidavit, the student reported saying “no” and “stop” multiple times.
The affidavit also states that Mahaffey told the student, “You better not tell a soul.”
The student met with SMU Police the next day and agreed to have the police record a phone call to Mahaffey.
During the call the victim reportedly asked Mahaffey, “You know, I did not want to do that.”
According to the affidavit, Mahaffey responded by saying, “I know you didn’t but we have to say it was consensual or lawyer, parents and the school will be involved.”
The fourth-generation SMU student was banned from campus after his arrest.
Mahaffey was a member of the Sigma Phi Epsilon fraternity, but he was suspended after his arrest.
The Daily Campus has contacted the District Attorney’s office, Mahaffey’s attorney, SMU officials and Sigma Phi Epsilon President Billy Hightower.
"Executive Director of News and Communication Kent Best said in a statement, "We are referring questions on this matter to the Dallas County District Attorney's office."
Debbie Denmon, a spokesperson for the Dallas County District Attorney's Office, released a statement to The Daily Campus Wednesday morning on why the charges were dropped.
'Information came to light after the indictment in the form of text messages between the alleged victim and defendant J.D. Mahaffey, and it prompted Assistant District Attorney Cresta Garland to dismiss the case. Garland did not believe a prosecution was viable, because we didn't have the evidence to show that what happened between these two young men was not consensual. We are not revealing what the text messages conveyed, because it is sensitive information."
Denmon adds that the District Attorney's Office will not release the text messages due to its adherence with the Texas Disciplinary Rules of Professional Conduct, as this evidence is not public record.
She also said that ADA Garland does not wish to comment on the case.
More updates will be posted as they become available.