San Francisco 49ers quarterback Colin Kaepernick will not face any charges stemming from an alleged incident nearly two months ago in Miami, authorities said.
The Miami-Dade State Attorney’s Office announced Thursday it does not have enough evidence to prosecute Kaepernick, 49ers receiver Quinton Patton or Seattle wide receiver Ricardo Lockette in what was initially reported as a “suspicious incident.”
"No charges, no indication that a criminal act was committed," said Ed Griffith of the State Attorney's Office. "She was alleging that she may have been the victim of a sexual assault, and there was no evidence."
The announcement brings a conclusion to an episode in which Kaepernick maintained his innocence from the beginning. Kaepernick addressed the situation on May 28 after a 49ers practice during organized team activities in Santa Clara.
“I did nothing wrong in that incident,” Kaepernick said. “So I want to do everything I can to let the DA close this matter.”
The 49ers supported Kaepernick throughout the investigation. The club signed him to a contract extension on June 4 that runs through the 2020 season. The $115 million deal includes a $12.328 million signing bonus and could be worth up to $126 million.
"The complainant's allegations in this matter have been thoroughly investigated," according to the closeout memo.
"However, there is no evident to indicate that she was the victim of any crime. Because of her altered mental status for the night of this incident, she was unable to provide any testimony to prove that she was sexually assaulted or the victim of any other offense.
"The medical examination of her body did not reveal any evidence of physical trauma. A forensic biological analysis of her rape kit swabs revealed no seminal fluid and her toxicology tests only revealed the presence of drugs that she admitted to consuming (i.e., marijuana) or drugs that were administered to her by medical professionals after she became incoherent."
A woman reported to Miami Police on April 3 that she had no idea how she ended up in a hospital in the early morning of April 2 after allegedly having mixed drinks and marijuana with the three NFL players at an apartment they shared while working out in Miami.
In 911 tapes Miami Police released on May 6, a man, previously reported as Lockette, said there was a naked woman in his friend’s bed and she would not leave. The friend, believed to be Kaepernick, was not at the apartment, according to the caller.
“We asked her to leave,” the caller to 911 said. “Told her he’s not going to be here tonight. And she said she was not leaving until she sees him.”
According to the closeout memo, officers heard a woman screaming from the 47th-floor apartment. Officers spoke with Lockette and Patton. Kaepernick was not present at the time of the officers’ arrival.
Officers observed the woman naked on a bed. “Her body was moving as if she was engaged in a sex act, though there was one else in the room,” according to the memo.
Miami Police said from the beginning that there was no evidence of a crime. The initial report referred to it as a “suspicious incident.” The woman stated in the initial report that she did not have sex with Kaepernick that evening.
Miami Chief of Police Manuel Orosa declined to comment recently to CSNBayArea.com on any of the evidence in the case or the results of the toxicology tests. When asked if Kaepernick, Patton or Lockette were interviewed, Orosa responded, “Their attorney declined our invitation for interviews.”
Two weeks after the first report of the investigation, 49ers coach Jim Harbaugh publicly supported his quarterback.
“At some point there needs to be a resolution to some of jump-the-gun, witch-hunt kind of scenario that we’re seeing,” Harbaugh said.
“I mean, the only victim in Colin’s case is Colin’s reputation.”