No charges filed in ADPhi case

No charges will be filed in the sexual assault case involving Alpha Delta Phi fraternity.

Durham District Attorney Roger Echols announced the decision in a release Thursday, writing that after "an extensive and thorough investigation," his office has determined it will not seek an indictment charging any subject of the investigation with a criminal offense.

Since January, the Durham Police Department has been investigating a female freshman's claim that she was drugged and raped the evening of Jan. 8 after a party at ADPhi's house on West Chapel Hill Street.

"Based on our careful review of witness statements, investigating officers’ notes, results of tests and examinations, applicable statutes, case law and the standard of proof, I have decided not to seek an indictment charging any subject of the investigation with a criminal offense," Echols wrote in the release.

The student alleged that she woke up the morning of Jan. 9 with little memory of the night before. She said she was in a t-shirt she did not recognize without the bra or underwear she had been wearing the previous night.

On Jan. 9, a rape kit was collected at Duke University Medical Center because the student suspected that she may have been the victim of nonconsensual sex.

Echols noted that because the nature of the conduct investigated and the alleged offenses are "personal and sensitive," more details of the investigation would not be made public.

He wrote that the Durham Police Department's investigation included "several search warrants, witness interviews, forensic examinations and consultations with experts."

Search warrants showed that police obtained the phone records and DNA samples of six male students—three freshmen and three seniors—who were, at the time, affiliated with ADPhi.

The phone records indicated that the female student left the Jan. 8 party with a senior in the fraternity around 3:30 a.m. After being taken to his apartment, she was returned to her dorm room approximately an hour later.

The University suspended ADPhi in January while police investigated the allegations.

The status of the fraternity remains unchanged, wrote Michael Schoenfeld, vice president for public affairs and government relations, in an email Thursday. The University had no comment on Echols' decision, he added.

Correction: This article was updated to reflect that no charges were dropped since no charges were ever filed. The Chronicle regrets the error.

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