Wake DA: No sex assault charges against NC State football players

RALEIGH, North Carolina (WTVD) -- Wake County District Attorney Lorrin Freeman announced late Friday that charges would not be sought against five North Carolina State University students: Antoine Thompson, Kevince Brown, Isaiah Moore, Erin Collins and Xavier Lyas.

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"Our office has undertaken a detailed review of the information provided from the investigation conducted by North Carolina State University police. The evidence does not support moving forward with a criminal prosecution," Freeman said in a statement.

ORIGINAL STORY: Two NC State football players dismissed, three suspended

NC State announced August 22 that two freshmen players, Thompson and Brown, had been dismissed from the football team, while freshman players Moore, Collins, and Lyas had been suspended following an investigation into an on-campus party.

School officials said players violated the university's code of conduct by attending a party where alcohol and marijuana were present.

"As we have said throughout the investigations into these allegations, we respect due process," said NC State Director of Athletics Debbie Yow. "The student-athletes will remain suspended from competition until the conclusion of the University's continuing Title IX investigation."

Under North Carolina law, a conviction for second-degree rape or sexual battery requires a finding that force was used in the commission of the assault and that the assault was against the will of the victim, or that the victim was mentally incapacitated, mentally disabled or physically helpless at the time of the assault, the DA's office said.

"There are a lot of statements from those involved, those who made the allegations, those who the allegations were made, other people who had knowledge of what had been going on that evening," Freeman told ABC11. "The security video surveillance from the university was very instructive in this case so we reviewed hours of that video."

Authorities said the alleged assaults happened at a party in Wolf Village on July 21.

Disciplinary action for Moore, Collins, and Lyas was handled internally, the university said.

In August, head football coach Dave Doeren said the players' actions do not align with the team's values.

On Friday, Doeren released a statement saying: "I continue to respect due process and these student-athletes remain suspended from competition until conclusion of the University's investigation. As I said previously, I will be firm, but fair when it comes to discipline. We have a team full of young men committed to representing the University with integrity and respect."