THIS STORY WAS UPDATED ON FEBRUARY 20, 2018:
FORT LAUDERDALE (CBSMiami) — Prosecutors have declined to prosecute a South Florida man, who was once accused of sexually assaulting an unconscious woman at a child’s birthday party in Dania Beach, according to court records.
The record states no charges were ever filed against Matthew Zarick.
Below is the original article.
The woman told investigators during the party at the home of Matthew Zarick, 30, she began drinking alcohol with several other people at the party.
She said at one point, she was taken to a bedroom by one of the men at the party, 32-year-old Coire March, and didn’t remember anything after that. The woman was found incoherent and passed out on the bed by another party goes Christopher Edwards.
He said he was passing by Zarick’s bedroom and noticed the door ajar. Inside he saw reportedly Zarick, who was naked, on top of the passed out woman who had her dress pulled up above her waist. March was also in the bedroom with his pants pulled down, according to his arrest report.
Edwards got into a fight with Zarick saying he was taking advantage of the woman who was non-responsive.
The woman showed investigators pictures that were taken of her while she was passed out in the bedroom, they involved sex acts with the men. The woman said “there’s no way she would have consented to the suspects having sex with her orally or vaginally,” according to Zarick’s arrest report.
When questioned, Zarick reportedly told investigators that he and the woman got drunk, they went to the bedroom and had consensual sex.
When he was told that the woman and a witness said that it was March who took her into the bedroom, Zarick changed his story and said he really didn’t know what happened because he was drunk, according to his arrest report.
March told investigators that he was at the party and the woman had flirted with him. He said he took his girlfriend home and then went back to the party and had several shots of alcohol with her. He said he then took her into Zarick’s bedroom, according to his arrest report.
March reportedly told investigators that he planned to have sex with the woman but did not have a condom. Instead, he said he groped her and she performed a sex act on him, according to his arrest report. He then said he left the room.
Investigators, noting the inconsistencies in the men’s’ stories, arrested both of them and charged them with sexual assault and sexual battery, which is a second-degree felony.
Prosecutors declined to prosecute Zarick.