UCF student from Wimauma accused in gang rape

WIMAUMA (FOX 13) - UPDATE: As of April 30, 2021, the charges in this case have been dropped and the records of Kirk and Smith have been expunged after the state attorney’s office said the case was not suitable for prosecution. Original report follows.

A 20-year-old University of Central Florida student from Hillsborough County walked out of the Orange County jail Wednesday to face a throng of reporters. 

"I am 100 percent innocent of these charges", he told them, "and I am confident the truth will prevail."

On Tuesday, Orange County deputies arrested David Anthony Kirk, of Wimauma, claiming he and another student, Jack Ryan Smith, took turns raping a woman at an off-campus party Saturday night. 

At a court appearance Wednesday, Kirk’s attorney cast doubt on the woman’s story, suggesting she made the rape claim "after somebody walked in and she was embarrassed because she was caught in the act."

According to investigators, the woman went to an off-campus party called Meat Factory, hosted by members of the Alpha Tau Omega fraternity. She told investigators she had four vodka drinks and three vodka shots that night. 

Soon, she started to stumble, her speech got slurry, and her memories began to blur.

She told investigators she only recalls snapshots of the evening, which came between blackouts. 

In the first one, she remembers waking up in a bed as Kirk and Smith took turns raping her. After blacking out again, she says she woke up crying on a bathroom floor. 

She told police she began text-messaging friends asking for help because she had just been gang-raped.

In court Wednesday, Kirk’s attorney questioned how credible the woman’s story can be when she has "given numerous accounts of what went on, and then says she was passed out."

"There's not a single piece of physical evidence and there's not a single supporting witness," he told the judge.  

On the other hand, he says he has "no less than five witnesses" who can vouch for his client.

Kirk’s attorney says he called the detective investigating the case and urged her not to arrest Kirk, but "she didn’t want to hear any of it," he told the court. 

He said he asked the detective, "What do you have to support that this isn't the remorse of a girl that engaged in sexual activity of which we have numerous witnesses?"

After his arrest Tuesday, Kirk was initially denied bond. In court, his attorney argued he should be released on his own recognizance, which requires no bond.

The state asked for a higher than usual bond, of $100,000, stating the nature of the allegations. 

Ultimately, the judge set Kirk’s bond at $5,000, which he posted Wednesday afternoon. 

The other suspect, Jack Ryan Smith was arrested Saturday. He cried and wiped away tears while saying "I’ve never done anything wrong in my life" during his court appearance Monday. 

He is free on $10,000 bond.

The arrests led UCF to suspend the Alpha Tau Omega fraternity for the second time in a year. 

Last summer, the fraternity was suspended after a woman reported being raped during another party. 

In 2012, UCF suspended the fraternity after members were accused of beating a pledge. 

In 2013, it was suspended again, over allegations of underage drinking.

Alpha Tau Omega released a statement Wednesday saying it supports the woman who made the allegations and it will cooperate with investigators. It also distanced itself from the party, saying:

"The party in question was not connected to Alpha Tau Omega.  This party was attended by approximately 250 people with perhaps 10 ATOs, including five men who rent the house where the party was held in attendance. (The chapter has 120 undergraduate members). ATO’s only involvement is that an undergraduate member who knows the alleged victim encouraged her to file a police report, which she did.

"The party was not planned or coordinated by the chapter, was not sponsored or promoted by the chapter. This was not an ATO event," the statement said.

The ATO statement also said that David Kirk was expelled by the chapter in January and that Jack Smith has never been an ATO pledge or member.

Full Statement from Alpha Tau Omega:

Alpha Tau Omega supports the woman alleging sexual assault at a UCF party, and the fraternity will work with university and local authorities in their investigation.

The party in question was not connected to Alpha Tau Omega. This party was attended by approximately 250 people with perhaps 10 ATOs, including five men who rent the house where the party was held in attendance. (The chapter has 120 undergraduate members). ATO’s only involvement is that an undergraduate member who knows the alleged victim encouraged her to file a police report, which she did.

The party was not planned or coordinated by the chapter, was not sponsored or promoted by the chapter. This was not an ATO event. 

David Kirk, one of the men who is accused of sexual assault was expelled by the chapter from the Fraternity in January.

Jack Smith, the other man arrested in connection with the assault is not now, nor has he ever been a pledge or a member ATO.