SAN DIEGO — The District Attorney will not file criminal charges against former San Diego State football accused of gang-raping an underage girl.
The accusers included former NFL Buffalo Bills player Matt Araiza who was dropped from the team after the allegations came to light.
Gilleon, who is representing Jane Doe, told FOX 5 he will now pursue justice in civil court. Gilleon says the accusers may be doing a victory lap now, but he says this case is far from over.
“The benefit of the criminal case not being filed is now we have access to all of the information and the evidence that the police and DA have been hoarding and keeping from us,” Gilleon said.
The lawyer representing the then 17-year-old who says she was gang raped by multiple former San Diego State football players says he can now pursue the accused aggressively in civil court.
“The fact that the D.A. said we’re not going to file. That means that all of the defendants have lost their fifth amendment right,” Gilleon said.
Gilleon filed a civil case against the accused including Araiza and former SDSU football players Zavier Leonard and Nowlin Ewaliko.
“The prosecutor is really handed a very tough case. Your only witness was hammered and so it’s very tough to prove beyond a reasonable doubt,” Gilleon said.
But Gilleon says he can get justice in civil court.
“What they did to her and how they bragged about it and how they posted on social media about it. They look pretty scummy,” Gilleon said.
In a previous statement the lawyer representing Nowlin Ewaliko said in part:
“This was clearly a decision made after an exhaustive review of all available evidence by an experienced prosecution team acting according to ethical duties.”
Meanwhile, the attorney representing Araiza released a statement saying in part:
“The next step is for Matt to fight the civil case filed against him. With no criminal charges being filed, it will now be easier for him to do that. We are very hopeful that an NFL team will now soon pick him up as well.”
FOX 5 reached out to the attorney for Leonard but has yet to hear back.
SDSU says the DA’s decision has no bearing on the university’s investigation which remains active.
Gilleon says he expects a civil trial date in 2024.