Eugene Police Department 

Incident Case Number: 14-04131 

Reporting Agency: Eugene Police Department 

Print Date!rime: 04/28/2014 14:54:17 

Disclaimer: The information contained within this report is 

reflective of the investigation at the date and time of its printing. 

Page 1 

EXHIBIT A - Page 1 of 24 

Declaration of Michelle Barton Smigel in Support of Defendants' Motion to Dismiss
I 

N 

c 

I 

D 

E 

N 

T 

Agency Name 

Eugene Police Department 

oru 

OR0200200 

Location of lncident 

# Crime lncident(s) 

Rape 1 - Forcible 

163.375 

D J I Crime Incident 

A ., #2 

T 

A 

# 3, Crime Incident 

F 

INCIDENT/INVESTIGATION 

REPORT 

Premise Type I ..

 

Zoneffract 

EPUO 

. Weapon/Tools None I Entry· I Exjt 

Weapon/Tools 

Entry I Exit 

Weapon /Tools 

Entry I Exit 

Case# 14-04131 

ctivity 

Security 

.CllVllY 

Security 

MOI SEX ACTS/KIS

 VICTIM, SEX ACTS/DISROBED VICTIM, SEX ACTS/PENETRATED FROM REAR, SEX ACTS/RAPE OR ATTEMPT. SEX 

ACTS/TOUCH/FONDLE VICTIM. SUSPECT ACJ/ONSl_HAD [JEI;N [)/UN_Kl_N(j, Sl)$NiQT A<;rIQNSIULTIPLESUSPECTS 

VIV 

I 

c 

T 

I 

M I VYR I Make I Model 

CODES: V- Vict im (i)eoote V2. Y3) . Q; 0\<'ner (ifolher_tha_n�it:tillll 

0 Type: INDIVIDUAL/ NOT LAW ENFORCEMENT 

i l�?l1 

s 

I 

'N Type: 

b I Code I Name (Last, First, Middle) 

L 

v 

E 

D 

Home Address 

Employer Name/ Address 

Injury: None 

Victim o 

Crime# 

Relationship 

To Offender 

1 JRU,2RV. 

Business Phone 

Lie/Lis VIN 

R; Reporting Person (ifother than victim) 

Injury: 

'B�i�\�» DOB 

Age 

Injury: 

Victim ofl DOB 

Crime# 

Age 

Racel SeJCI Re lstionship 

To Offender 

Bu siness Phone 

Racel SeJCI Relationship I Resident Status I Military 

To Offender , Branch/Status 

Home Phone 

Business Phone Mobile Phone 

I =None 2 =Stild 3 =C ount erfeit I Forged 4 = D�maged I Vandalized 5; Recovered 6 =Seized 7; Stolen 8 =Unknown 

· 

"OJ"= Recovered for Other Jurisdiciion 

p 

R 

0 

p 

E 

R 

T

. y 

VII I Status Cod� Frmffq Value 

Officer/ID" 

Invest ID# 

Statu� Complainant Signature 

Printed By: CEDPPAS, CEJSD055 

OJI OTY Prooertv Description Make/Model Serial Number 

Supervisor TJNSETH. R {EPO, EPAT) (EPD243 

SuspemluVllUCl/ve 

Case Status 

(no More Ltotls) 

Case Disposition: Page2 

Sysl: 452601 04/28/2014 14:54: 17 

EXHIBIT A - Page 2 of 24 

Declaration of Michelle Barton Smigel in Support of Defendants' Motion to Dismiss
Eugene Police Department 

INCIDENT/INVESTIGATION REP.ORT By: CEDPPAS, CEISD055 04/2812014 14:54 

Page 3 I Case# 14-041�� m __ J 

Status I =None 2=Bumed 3 =Counterfeit I Forged 4 =Damaged I Vandalized 5 =Recovered 6= Seized 7 = Stolen 8 = Unknown Codes 

IBR Stat11 Quantity Type Measure Suspected Type Up to 3 types or activity 

D 

R 

u 

G 

s 

Assisting Officers 

PALK.I. T. (EPD637) 

Suspect Hale I Bias Motivated: NONE 

INCIDENT/INVESTIGATION REPORT 

Narr. (cont.) OCA: 14-04131 Eugene Police Department Page 3 

I N A RR A Tl v [! -· I 

EXHIBIT A - Page 3 of 24 

Declaration of Michelle Barton Smigel in Support of Defendants' Motion to Dismiss
REPORTING OFFICER NARRATIVE 

Eugene Police Department 

Victim Offense 

OCA 

14-04131 

Date I Time Rep-0rted 

RAPE I - FORCJBLE Thu 0311311014 22:28 

nm INFORMATION BELOW IS CONFIDENTIAL. FOR USE BY AUTHORl7.f\O PERSONNEL ONT.Y 

JCV/ CEPXJCL - OJ 1414@FRONT 2J44 REAR 2347 

AO/ Officer Palki 

AJ/ (3) attached documents #l-3 

Details: 

-resided 

On OJ 1414 at 2228 onded to 

in on the 

Dispatch advised V � 

When J arrived at_ .. was waiting outside of the east main e introduced myself and .. 

mentioned that she was not comfortable talking inside-. I as ed-if the conference room at. the 

University or Oregon Police Department would be ok and she said, "Yes." T transported-to 2141 E. 15th 

(University of Oregon Police Department) to conduct an interview. 

!·asked .. what day the assault happened and she said it occurred, "Saturday nigh!, between 12 midnight and 

about 2am,

. 

ast weekend (0308 I 403 ated, "We were all· -drunk and it got a little bit out of hand." 

mentioned she !old her father what happened and he called in a report to the University of 

Oregon Police Department. She said an officer from the University of Oregon Police Department tried contacting her 

twice, but she did not return the call. She stated, "I was reaJly mad at my dad. I wanted to report it, but on my own 

time." 

mentioned she wrote up a document about what happened, which she wrote on Tuesday, 031114. She opened 

her laptop and asked me to read it. .. was visibly neryous when she handed me her laptop and almost started 

crying when I started reading. 1 read the document, which is included in this report 

After I read the document I asked what happened to her last Saturday night (030814-030914). -stated 

she went to a party with two ofhe s early in the evening. She said they left that party after Eugene Police 

responded as they were all underage. heard about a party being put on by some University of Oregon 

basketball players. She and one ofhe ds .. decided to attend. · 

l's house" and started to drink some peach flavored alcohol. -stated she got 

" once inside the house. I asked her how inany people were at the party and she said, "Probably 

about thirty." wa s approached by four black male college age adults that she did not immediately recognize. � 

She mentioned that one of the four men left to another part of the house and three of the men started to compliment 

said the three men led her down a short hall !o a door and into a bathroom. Later in the interview I asked 

she knew the men to be Austin,13f$!lti andil She stated, "The guys called each other by name, and 

they look like they do on the basketball cards they hand out at games." The three men were identified as I/ Austin, 

.li'l

Brandon; T/ ;! I4$iBA@W. -said Austin ancl:P'iAere in the bathroom with her but 

tayed in the hall. 

-mentioned, "I had no idea what room we were going into. Then there were three of us i.n a small bathroom 

and I ti!ou ht it was strange." .. stat d, 81 thought, maybe this is just what happens in college.: .. just college 

fun . " said she wa� init lly, "Ok going into the room, but did not want to have sex. No way did I want to be 

fucked by t ee people at once." 

, 

Reporting Officer: LOOS, J. Page4 

Prin1ed By: CEOPPAS, CEISOOSS 04128/2014 14:54 

EXHIBIT A - Page 4 of 24 

Declaration of Michelle Barton Smigel in Support of Defendants' Motion to Dismiss
REPORTING OFFICER NARRATIVE 

Eugene Police Department 

Victim Offense 

RAPE 1 -FORCllJLE 

nra INFORMATION BELOW TS CONFIDENTIAL- FOR USE BY AU1110RJZED PERSONNEL ONL y 

OCA 

14-04131 

Dare I Time Reported 

Thu 0311312014 22:28 

.. said Austin an1ifif§ilstarled to, "Touch me all over." She said lhe men asked her to shake her but

 nd she 

did. She stated she had to hold onto her shorts because Austin andjQ!iA!fkept tryin ll them down ... 

• 

mentioned she tried lo take her phone out to call .. and Austin took it from her. -asked Austin and 

"What's going on?" She said1GIM1grabbed her hair, sat down on the toilet 1md forced her to bend over. 

stated Austin was standing behind her and pulled down her shorts and penetrated her vagina with his penis, 

while he was holding the door shut. She said, "ThenUftm.n ed my mouth down onto his dick. I was choking. I 

remember saying no throughout the whole thing." I asked-how long this went on for and she said, "Only a 

couple of minutes" because, "Austin stopped l� 

the door and someone walked in on us." .. said she pulled 

up her pants and walked out of the battu·oom. -stated she .was in the bathJOom for 5-10 minutes and the 

penetration and oral sex lasted approximately 10-20 seconds. -said Austin was we ring a condom. 

Ori

stated tha'd$®!followed her out of the bathroom and down the hallway, . bu! she was not sure where Austin 

went. .. said she got really dizzy and sat down in the hallway. She saictl

asked her if sh� needed 

water and then he led her into the kitchen and got her a glass of water. She mentioned she was only out of the 

bathroom, "For a short periOd of time." She stated, "I headed for the front door, but Artis stopped me by the door, 

grabbed my arm and pulled me back into the.bathroom." .. said, "!fl was sober, I would have slapped him in 

the face." 

I asked .. what happened in the bathroom the second time and she s

, 

don' t remember intercourse, but they 

had me suck their dicks." She mentioned Austin bit her neck and Aus in ' 'a1iT'®1 were touching her ll 

over. She said, "Stop, don't• repeatedly but they kept going ... stated she was forced down to her knees and all 

three men for ed their penises into her mouth taking tums every few seconds. She said this lasted for a couple 

minutes and then abruptly stopped. I asked her if any of the men ejaculated and she said, "No, I don't think so .. At 

least not inside of me.• I asked her why they stopped and she stated, "l have no idea, but one of them said they bad 

to go." .. said she got up, left the bathroom and walked throug� the house. She stated she made it outside and 

was crossing the street when she met up with.". 

Once outside stat · said their ride was about to get there. 

started to yell at ' " an told the guys; "Stop being so mean.• ;_ 

she had to leave. . stated Austin grabbed her arms and sta11ed to e!

er away from···· 

tried to pull away but Brandon was holding my arm." l asked her wha " did and she said, "I don't know, I think 

she didn't know what to do." She said Austin then put J1is arm around her neck ike a chokehold, but I remember I 

could still breathe" and p\1lled her back towards the house-stateUftiBA !told Austin, ''That's not cool man" 

and Austin let go of her neck an d onto her arms again. Austin kept a stro!i grip on her arm until an Oregon 

Taxi arrived a few minutes later-said she got in the taxi with Austlnlt!lti! · and another unknown 

black male college age adult

. 

.. stated three of the men sat in the back seat, one in the front and she sat onim lap. She said the ride was 

-

mately 10-15 minutes and she could remember the fare w s $13.60 with an "XJ" somewhere near the fare. 

mentioned during the ride she was given a, "Small sip of some nasty alcohol and then they made me take two 

drinks." I asked her how big the drinks were and she said,."Somewhere between a sip and a gulp. I'm not too sure.'' 

She said she did not know what kind or brand of alcohol it w s . 

.. said .the cab arrived at Apar ents off of She used Google 

Maps to help locate the sped� copy of the Google Map is included in this report ... stated, "Ifs 

the second building in, Qn the first floor, but I can't remember which apartment." She said when the cab sto he 

stumbled 

said'flfi 

out of 

led her 

the 

into 

door. 

the 

She 

apartment 

stated!i!Ji$@

by holding 

asked 

onto 

her for 

her 

cash 

arm. 

to 

She 

pay 

stated 

for the 

when 

taxi 

they 

but she 

got 

did 

inside

not 

, she 

have 

as

any. 

ked for 

-

some 

Reporting Officer: LOOS. J. Page 5 

Printed By: CEl)l'PAS, OEISDOSS 04./28/2014 14:54 

EXHIBIT A - Page 5 of 24 

Declaration of Michelle Barton Smigel in Support of Defendants' Motion to Dismiss
REPORTING OFFICER NARRATIVE OCA 

Eugene Police Department 14-04131 

Victim Offense Date f Time Reported 

·--- RAPE I -FORCIBLE T'hu_DJ/1312014 22:28 

ni:E INFORMATION BBL?W IS CONFIDENTfAL- FOR USE BY AUTHORJZED fERSONNEL Ot'fL Y 

dry clothes because she had been out in the rain. She saidlmgot her a yellow shirt and a pair of white basketball 

sl)orts to change in to. -mentioned the apartment.is leased toll

andlif . 

-stated, once she changed, all four men Jed her into a bedroom. I asked her whose bedroom it' was and she 

said, "It was lilil, it was really messy, his stuff was all over, his-basketball gear and everything." Once inside the 

bedroom, .. stated someone I.urned the bedroom lights off. advised all three men started to, "Touch me 

all over,.they were hyped." She said, "I think I just gave up. I let them do whatever they wanted. I just wanted it to 

be over and to go to sleep." I asked her about the fourth male and she said, "He just stood there. I think he watched." 

- said-Austin andi!H@lJi

put her on the bed on all fours. She saidil

penetrated her vagina with his 

penis while he was kneeling behind her. She stated l\ff® was lying on his back, perpendicular to her with his penis 

directly below her head. She said Austin was standing on the floor next to the bed with his penis directly in front of 

her face ... stated, "No matter what I did, their dicks were right there in my face." She stated one of the men 

said, "You gotta get a piece of this." .. advised all three men took turns and traded positions. She said she did 

not remember if any of them were weanng condoms, but that there were gold Magnum wrappers on the floor. She 

said after approximately five minutes she started to cry ... mentioned the fourth male, who she did not 

recognize was in the room but took no part in the assault. She said he left as soon as she started to cry ... said 

Austi il'f hin · ·· ·stopped when she started crying and one of them said, "1 think we fucked her too hard." 

She said Austin and· ·' · ·' left the room and she stayed lying down for a couple minutes. She stated-asked her 

if she was okay and the · ·· ·got up and left the room. 

-stated she got up and Austin met her at the bedroom door, grabbed her arms and tried to pull her in close 'to 

his chest. She said she tried to pull away and Austin started to, "Whisper in my ear and kiss my neck." She stated, "I 

pushed Austin and may have hit him with the door." She said she went into the kitchen and someone got her a glass 

of water. -mentionef Pffj and Austin were playing video games in the living room. She sat down on the 

couch and leaned ontoll -said, "I staiied to cry and realized I n�e?ed space, so I leaned the other way, 

away from him." 

-

:ked'her 

stated everyone left when she started to cry. She said Austin left because he di? not .live there.' She saicJi

 

if she wanted to sleep and she told him she did ... stated she went intoll

 room withll

and 

curled up on his bed. She said a few minutes later someone, or possibly a group came inside the apartment. She said 

she could hea¥Rf®1 "Bragging about what he and the guys did. He said, she was crying, maybe because we 

fucked her too hard." · · 

.. said she fell asleep and awoke around 0830-0900 hours (030914). She stated-provided her with a pair of 

sw� 

the same yellow shirt from the night before and called her a cab. She said she took Oregon taxi home 

to--

• stated, "I passed out as soon as I got home, then got up and took a shower and then slept 

almost a�' advised she still hadll

clothes and the clothes she wore that night in her dorm room. l 

advised-to not launder them and place them in evidence bags for retrieval. at a.later time. l provided one small 

paper bag and one large _elastic bag. I demonstrated how to put the items in and asked her to set the bags aside to be 

collected by a detective ... was uncomfor1able with male police officers and did not want us to be in her 

·dormitory room. She seemed more receptive to a non-uniform presence being �een with her and wanted to avoid 

rumors. 

· 

I asked .. l1ow she knew the men to bellil. Austin and';f"1 She stated, "The guys called each other by 

name, and they look like they do on the basketball cards they hand out at games. I've seen them on TV and Brandon 

is a practice player.'" I asked her if all three men had penetrated her vaginally and she said, "Yeah, I felt three 

different penises, three different guys." 

Reporting Officer: LOOS, J. Page6 

Printed By: CEDPPAS. CEISD055 04128/1.014 14:54 

EXHIBIT A - Page 6 of 24 

Declaration of Michelle Barton Smigel in Support of Defendants' Motion to Dismiss
..

 

REPO RRATIVE OCA 

14-04131 

Victim 

--

Offense Date I Time Reported 

RAPE 1 -FORCIBLE 11

u 0311312014 22:28 

nlE INFORMATION BELOW IS CONFIDENTIAL- FOR USE BY.AUTHORIZED PERSONNEl-ONLY 

I asked .. if she had any injuries or pain and she said, "They gave me a hickey and I had to wear_ a scarf to cover 

mi!eck for a couple days." She mentioned her friend ..... took photos of the hickey and she was going to have 

' "forward them to her ... said she would forward the photos to me. I observed light bruising on the left 

si e of-s neck where the hickey had been ... stated, "My vagina is really sore." 

l asked her who she told about the assault. d she told her father, a University of Oregon Athletics 

employe,./ftidl

. and her friends ". I asked her to provide contact information and she refused, 

stating, "I would like to ask them permission before I get them involved." 

I asked .. i� she would be willing to pursue criminal charges. She initiaUy said something similar to, "I want 

them to get a slap on the wrist." I asked her if that meant fol� through with the report, or following through to 

pursuing criminal charges ... stated, "Probably both." mentioned, "I don'twant to ruin their lives." She 

also stated during our interview, "Brandon was the most physical" and "the most forceful." 

statedljftftl'had been approaci1ed b� Austin anc'f!f'on Monday, 031014 askin•§Ii1Si!if 

was, "Going to go to the cops." 

.. advised she was planning to sche ule a doctor appointment for 031414. 

1 advised .. she would be contacted by a detective ... was receptive to talking to a detective and requested, 

if possible, to have a female detective contact her. 

I contacted di tch for the University of Oregon Police Department and requested a faculty, staff and volunteer 

search tp and ·-which yielded negative results . 

Reporting Officer. LOOS, J_ Page? 

Pnnlcd By: CEDPPAS, CEfSOOSS 04128/2014 14:54 

EXHIBIT A - Page 7 of 24 

Declaration of Michelle Barton Smigel in Support of Defendants' Motion to Dismiss
Incident Report Suspect List 

Eugene Police Department [OCA: 14-04131 l 

1 

2 

Name (Las� First, Middle) 

Redacted 

Business Address 

DOB. 

II 

Age I Race 

Ii Ii 

Sex Eth 

M 

AlsC> Known As Home Address 

Hgt I Wgt 

- -

Hair I Eye 

llil 11 

Skin Drive�s License I Slate. 

Scars, Marks. Tattoos, or othec distinguishing features 

Reported Suspect Detail Suspect Age 

Weapon, Type Feat re 

VehY /M ke/Model Drsl Slyle 

Notes 

Name (Last, First, Middle) 

Redacted 

BusinC!'s Address 

Age I Race Sex Eth 

• M 

Reported Suspect Detail Suspect Age 

·weapon, Type Feature Make 

VehYr/Ma e/MC>del Orsi Style 

Notes 

Rocc I Sex I Eth 

Model 

Color 

Also nown As 

Hgt 

Height Weight 

Color Caliber Dir of Travel 

Mode of Travel 

VIN 

Physical Char 

Home Address 

Driver's License I State. 

-

Wgt I Hair I Eye I Skin 

- lli � 

Race I Sex I Eth 

Model 

Color 

Height Weight 

Color Coliber 

Physical Char 

Dir of Travel 

Mode of Travel 

VJN 

R_CSBIBR Printed By: CEOPPAS, CEISD055 04/2812014 14:54 

SSN 

SSN 

Page 8 

EXHIBIT A - Page 8 of 24 

Declaration of Michelle Barton Smigel in Support of Defendants' Motion to Dismiss
Incident Report Suspect Ust 

Eugene Police Department 

3 

Name (Last, First, Middle) 

AUSTIN, BRA'/:IDON 

Business Addr ss 

DOB. 

II 

Age I Race I Sex I Eth I Hgt 

Ii • ii 

Scars. Marks. Tattoos. or other distinguishing realures 

Reported Suspect Detail Suspwt Age 

Weapon, Type Feature 

Veh Yr/Make/Model Orsi Style 

No es 

so wn As 

Wgt Hair 

Race I Sox I Eth 

Model 

Color 

R_CS8rBR Pdnted By: CBDPPAS. CEISD055 04128/2014 14:54 

I OCA: 14-04131 -, 

Home Address 

Eye Skin Driver's License I State. 

Height Weight SSN 

Color Caliber Dir of Travel 

Mode of Travel 

VIN 

Physical Char 

Page 9 

EXHIBIT A - Page 9 of 24 

Declaration of Michelle Barton Smigel in Support of Defendants' Motion to Dismiss
CASE SUPPLEMENTAL REPORT Printed: 04/28/2014 14 :54 

Eugene Police Deparfment OCA: 1404131 

. THE;

IW'ORMAT(ON BELOW IS CONfIDENTI!-L - FOR {JSE BY AU1l{ORIZED PERSONNEL ONLY. 

Case Status: SUSPENDED/INACTIVE (NO Case M11gStntus: SUSPENDED Occurred: 0310912014 

Offense: RAPE 1 -FORCIBLE 

lnv�stig11tor: HALL, B. (EPD/04) 

Supervisor: MARTES, K (EPD255) 

Coo tact: 

People contacted during this investigation: 

Austin, Brandon 

Dnt.c/Time: 0410712014 12:54:43, Monday 

Supervisor Review Date I Time: 0410812014 I 2: 17: 39, Tuesday 

Reference: Supplemental 

People mentioned during this investigation but not contacted: 

Redacte 

Evidence Collected: 

Sheet 185715 - Clothing 

Sheet 185719 - Clothing 

Digital Recording - Phone Call 

Digital Recording - Phone Call 

Digital Recording - Interview 

Digital Recording - Interview 

People contacted during this investigation: 

Investigator Signature.:. 

Page JO 

EXHIBIT A - Page 10 of 24 

Declaration of Michelle Barton Smigel in Support of Defendants' Motion to Dismiss
CASE SUPPLEMENTAL REPORT Printed: 04/28/2014 14:54 

Eugene Police Department OCA: 1404131 

THE INFORMATION BELOW IS CONFIDENTIAL- FOR USE BY AUTHORIZED PERSONNEL ONLY 

Ca�c Status: SUSPENDECTIVE (NO Case MngStatus: SUSPENDED 

Offense: RAPE I -FORCTBLE 

People mentioned during this investigation but not contacted: 

Redacted 

Evidence Collected: 

Sheet J 857 I 5 - Clot�ing 

Sheet I 857 I 9 - Clothing 

Digital Recording • Phone Call 

Digital Recording - Phone Call 

Digital recording. Tnterview IBr.u..:• 

Digital Recording - Interview • 

Occurred: 03109/Z014 

Synopsis: _ .. reported she was sexually assaulted byRiG!fit9

 PWDr;JSl and'Brandon 

Austin, in a bathroom at a house located at 1270 E. 22nd Avenue, and tben again at an apartment located a� 

.. said the incidents occurred because she was highly intoxicated and was pressured into having sex ... said if 

she had not been so intoxicated, she would have been able to better a1ticulate she did not want to engage sexual 

activity ... said at first she thought this kind of thing happens in college, so she went along with it. -said 

she only allowed it to happen after telling them no, and holding her clothes on herself, did not stop their sexual 

advances. ' 

.. said the sexual activity only stopped when she began to cry ... said she spent the night at. apartment 

because she was too intoxicated to make it back to her donn room s e . 

was with .. until she left 1270 E. 22nd Avenue. 

· 

said .. was hly intoxicated, and she warned n

. __

 

only wanted to use her for sex. _.

_., 

attempted to get-to leave with her, but .. refused . reported .. was flirty with ' 

during a time which would have been after the incident in the bathroom occurred. 

lli

andl\5lf

were interviewed and stated all the sexual activity was consensuaJ. llistated in addition to the 

sexual activity reported by-they had oral sex. and vaginal sex again the next morning ... later confi

med 

they had oral sex the next morning, but could not remember if they had vaginal sex. 

Austin is represented by Laura Fine Moro. Moro has interviewed Austin, and has asked that any further inquiries of 

Austin, related to this matter, go through her office. 

This report contains the statements of all people interviewed during this investigation. 

lnvestii:ator Signalure.: 

Page l l 

EXHIBIT A - Page 11 of 24 

Declaration of Michelle Barton Smigel in Support of Defendants' Motion to Dismiss
CASE SUPPLEMENTAL REPORT Printed: 04128/2014 14:54 

Eugene Police Department · OCA: 1404131 

nm INFORMATION BELOW ls CONFIDENTIAL - FOR USE BY AUTHORIZED PERSONNEL ONL y 

Case Stacus: SUSPENDEDllNACTJYE (NO Oue Mng Status: SUSPENDED Occurred: 0310912014 

OCfense: RAPE I -FORCIBLE 

Narrative: On March 14, 2014, I was contacted by Sergeant Kris Martes of the Eugene Police Departinent Violent 

Crimes Unit. Sergeant Martes told me a female college student had reported being raped by three men approximately 

one week earlier. I learned the patrol officers who conducted the initial investigation were still in the process ofwtit ng 

the report. After attending a previously scheduled interview, I was able to review the report, and found that physical 

evidence needed to be collected. 

FIRST INTERVIEW WTTl-I--

I contacted t11e listed victim,--via telephone, and arranged to meet with her at 

Univ¥rsity of Oregon campus to recover the evidence. I met .. in the lobby area at-. -provided 

a tank top, a pair of shorts, a t-shirt, a pair of pants, a pair of panties, and a pair of leggings. These items were later 

lodged

.

at the Eugene Police Department Evidence Control Unit (ECU) and documented on evidence sheet 185715 . 

.. told me the clothing she provided, was the clothing she wore home from the apartment o B(!IMI the 

morning after she was raped. At the time I was speaking with .. she hadiin u coming med�c pomtment and I 

had a previously scheduled interview. I arranged to make phone contact with after both of our appointments, to 

talk in greater depth about what happened. 

SECOND INTERVIEW WIT� 

Later the same day, I met with-at the I Jth and Alder -Public Safety Station. When she arrived .. told me 

she had thought of two additio s which she felt may be of value to the inves n. Those items, a sock and a 

sweatshirt, were later lodged at ECU and documented on evidence sheet 185719. -told me a few days after the 

rape she got out of bed and noticed some type of vaginal discharge; she used the sock and a sleeve of the sweatshirt to 

wipe herself. 

I told .. I bad read the st11tement she wrote, and read the patrol officer's report as well. T told her I had seen some 

incons1stenc1cs in the two versions of events, and I wanted to make sure J fully uriderstood what happened ... told 

me she was fine with that. · 

-told me she met m9Mlo f.�arch 7, 2014. She happened to run into him while she was with her 

friend,-. reco nize • • · as a University of Oregon basketball player. They exchanged phone 

numbers, and then went separate ways. 

On March 8, 2014, ma� 

to attend a party wit 

only kne s arne was later identified a 

drank four f some type of peach flavored liquor. 

she attended that evening. 

, an�'s oommate. . 

z. Prior to departing for arty � 

was unsure if she had more to drink at any of the parties 

· and-first went to a party near 19th and Onyx. -said while arriving at the party, 

ed an unconscious man in the street next to a parked car. -went to check on lhe man, and 

Investigator Signnh1re� 

Page 12 

EXHIBIT A - Page 12 of 24 

Declaration of Michelle Barton Smigel in Support of Defendants' Motion to Dismiss
CASE SUPPLEMENTAL REPORT Printed: 04/28/20l4 14:54 

Eugene Police Department OCA: J404JJJ 

THE INFORMATION BELOW rs CONFIDENTIAL. FOR USE BY AUTHORIZED PERSONNEL ONL y 

Case Status: SUSPENDED/INACTIVE (NO Case Mng Status: SUSPENDED 

Offense: RAPE I -FORCIBLE 

Occurred: 0310912014 1 

did not have fu1ther contact with .. that night. While at the party, police responded, and the party ended. 

A check of police records showed a loud party was reported at 1975 Onyx Street, at 2306 hours, on March 8, 2014. 

Police responded and transported a male subject to Buckley House. The police response was documented under case 

14-03816. Police first arrived at 0011 hours on March 9, 2014. All police had cleared the scene by 0031 hours on 

March 9, 2014. There were no arrests or citations issued in relation to the party. 

While still at 1975 Onyx. Street, ed a text fro1111B!i5l!F

about a party at 1270 E. 22nd A venue. . 

When the Onyx Street party bro� an decided to go there. When she arrived at 1270 22nd Avenue, 

.. 

she found there were not a lot of people there. identified this location as the house where Redacted lived . 

told me· she does npt remember iff · · ··was at the home during the party' or not. 

.. told me an to talk with people at the party. Shortly after arriving two males approached her and began to 

speak with her. -reported the men were very complimenta y and flattering to her, she sai� they tempted her to go 

with them to somewhere else in the house. 11

 said they pulled on her arms and told her to come with them. 

was quick to point out they were not being forceful or mean, but rather they were being playful and reassuring. 

later learned the two.men were Brandon Austin, and w;mrm

w 

Austin and'j'!Tjled to a bathroom in the house .• said she was questioning why she was in a bathroom, 

but Austin and red her everything was fine. told ine looking back, if she had been sober, she 

would have b�en able to make a better ?ecision, and not gone with them in the first place ... said she stayed in the 

bathroom and was continuously reassured.she was okay . 

.. said while in the bathroom Austin anJf!S' wanted her to shake her butt for them, and she did so. After 

shaking her butt, both Austin and . ' 

· 

' started to touch her with their hands ... told them she did not want to do 

anything s she just met. 

. 

said she had put her phone down and one of them had moved her phone away 

from her. -told them she needed to get her phone because-was going to be texting her soon. They told 

her no .one was trying to get ahold of her, and moveq her phone away from her . 

.. told me the bathroom was mall and Austin was standing right in front of the door. Both men started 

touching her and reas�mring her. -said she did not want to do anythi(1g with them, and tried to push them away 

from her, but due to the size of the bathroom there was nowhere to go . 

.. said Austin and'i!R' starte4 to take off her clothes, and take offthiiir ants. - said she again told them 

she did not want to do anything with guys she just met, but they kept going. said they both were grabbing her by 

the hair, and pulling her head down, and putting their penises in her mouth. again pointed out they were not 

forceful, not threatening, and did not hurt her. Rather they were persistent and did not stop when she said she did not 

want to do anything ... said each ma!) would hold onto her hair until he had his penis in her mouth, and then they 

would let go ... would move her head away, and one of them would grab her by the hair, and put his penis back in 

her mouth. 

At some point Austin was behind- and began having vaginal intercourse with her.pml.,_,as seated on the 

toilet and continued to pull her head toward his penis. Austin was standing in front of the bathroom door and 

preventing people from coming in. -said the door to the bathroom did not lock and people were trying to come 

into the bathroom. · 

Investigator· Signatm·�! 

Page 13 

EXHIBIT A - Page 13 of 24 

Declaration of Michelle Barton Smigel in Support of Defendants' Motion to Dismiss
CASE SUPPLEMENTAL REPORT Printed: 04/28/2014 14:54 

Eugene Police Department OCA: 1404131 

� INFORMATION �ELOW JS CONFIDENTIAL -FOR USE flY AUTHORlZED PERSONNEL ONLY 

Case Status: SUSPENDED/INACTIVE (NO Case Mng Status: SUSPENDED Occurred: 0310912014 

Offe11se: R:4PE J - FORCIBLE 

At some point .. said she needed water. The sexual activity stopped, and she was ·able to leave the bathroom. � 

!a_id she walked right outside the bathroom and crouched down by the door while1jfjf'bot a cup of water for 

said after getting the water, she began mingling with people at the party again. 

. 

.. 

After talking to people for a few minutes she was approached b 

said all three met} again pulled her into the bathroom. 

with them as they reassured her everything was okay. 

ll

was witand Austin. 

again stated due to her intoxication, she just went 

. • . 

said they went in the bathroom and the same things started to happen again. She was being touched, and. 

and Austin, were grabbing her hair, pulling her head down, and putting their penises in her mouth ... said 

it was just like before in that they were not being forciyful, or holding their penises in her mouth. As soon as one of 

them bad their penis in her mouth, that person would let go of her hair, and she was free to move ... said there was 

no sexual intercourse during the second event in the bathroom . 

.. received a text message fro � told the men she needed to go, and her ride was there. They all left 

the bathroom and went outside the ho� said she was trying to go with �t '.r.: •11· -• • 

-• and 

Brandon were holding onto her arms, and telling her she needed to come with th� sai · -'· -

' called a cab, 

and Oregon Taxi responded. 

The cab was a car type vehicle, and there were only four seats available to passengers ... had to sit on someone's 

lap, because a fourth male she did not know rode in the front passenger seat. .. did not know who the fourth male 

was. While in the cab someone gave her a brown colored liquid to drink. She said it came from a bottle shaped 

somewhat like an apple, and tasted terrible. _ 

A check with Oregon Taxi showed a person namedliftfMlordered a taxi on March 9, 2014 at 1:52 AM. The record 

Drive. 

indicates 

Joshua 

the driver 

Davey 

picked 

was the 

up at 

driver 

least 

of 

three 

the involved 

people at 

cab. 

1270 

Messages 

E. 22nd Avenue, 

for Davey 

and 

io 

transported 

call me were 

them 

no.t 

to

returned. 

­

· Once in the bedroou !ml·- ' - ' and Austin began to touch her and kiss her .. said she told them to stop, but 

tJ1ey continued to touch her. said she. was on� bed curled up in the fetal position while they touched her. 

At first she was touched on her legs, and then they st�rted touchi� 

in what she referred to as private areas. The 

fourth man from the cab ride was also present, but did not touch-at any time . 

.. said when she drinks alcohol, she becomes very sleepy ... said due to her level of intoxication, she stopped 

resisting. The three men took her clothes off of her, and they started to have sex with her . 

.. tol� me she thqught all three men had vaginal intercourse with her, but the only one she had a good memory of 

seeing wa:fTP .. explained at o t she was on all fours was having sex with her froin behind. 

She turned to look at him and saw him. -said at the same time nd Austin were either lying down OIJ, or 

standing by the bed. ot f S' and Austin were pulling her head toward their penises, and putting their penises in 

Investigator Sig1iatur .. ·�------------ - -------------

Page 14 

EXHIBIT A - Page 14 of 24 

Declaration of Michelle Barton Smigel in Support of Defendants' Motion to Dismiss
CASE SUPPLEMENTAL REPORT Printed: 04/28/2014 14:54 

Eugene Police Department OCA: J404J3J 

TH� INFORMATION BELOW IS CONFIDENTIAL · FOR USE BY AQTHORJZED PERSQNNSL ONLY 

Case Slatus: SUSPENDED/INACTIVE (NO Case Mng Slatus: SUSPENDED 

Offense: RAPE 1 - FORCIBLE 

Occurred: 0310912014 

her mouth. During this time she heardllay something similar to, "You gotta get a piece of this." -said she 

thought all three had sex with her because it felt like three different people. She explained further it fe hree 

different penises inside her, and all three men moved differently while having sex with her. 

-began to cry at �ome point during this incident, and the sexual aclivity stopped. 1i'f Austin and _the fourth 

man lef1 the room, ancil

 asked if she was okay. -said she lay down on the bed for a while and calmed herself 

.. 

down. When she slatted to leave the room she was met by Austin, who told her he just wanted to make her feel good . 

said she pushed him away, and went back tollbed. 

-said she stayed in bed and listened as someone else came over to the apartn:tent. -beard someone bragging 

about what they had just done with-and heard them laughing. -said-came to bed, and sh� slept with 

him through the night. -said there was no further sexual activity. . . 

The next morning, 

previously p ldedher. 

home safely. 

s clothing was still wet from the night before. ... ., . allowed her to keep the clothing he had 

went home via taxi, and then sent'' · ·a text message telling him she had arrived 

Later the same day, she made plans to visit I She went to1jp

apartment and �nocked on the door. 

•• answer d the door and invited er msh'.As she entered the apartif e noticedliland1f

ere 

in· ' · ·' room, playing video games ... backed out of the apartment, an · asked her what was wrong . 

.. explained she was mad and1S'T1and then continued on to say she felt like she had been sexually 

assaulted by them ... saidli

mmediat�ly had a concerned look on his face • told him not to worry 

because she was not going to contact the �lice and had considered her lesson lea ed. · · · ·went into the apartment 

andll came out soon after ... saidllcame out and asked her if she was okay ... told him she did not 

want to talk with him, and he went back inside. 

'i f ·mived a

� �he apa�ment and found-w�

i�

_

ng outside the 

qs

t for im� questioned him about 

why she was wa1tmg outs1dlfif art. not ms1de. � • · • about her�g she had been the 

victim of� sexual assault by · 

·a d· 

' · ·'-in vi� inside, and told her they could just hang out in his 

room . 

.. said!ilwas nice to her and tried to make her feel better and tried to make her laugh. -an@pi 

eventually had consensual sex the same day. I asked .. 

if she ad wiped herself on the sock she brought me before 

she had sex wWJf ff1 or after. -sai<l she thought t was after she had sex witl !!!Rei I asked-if she 

and!m

 had used a condom during sex. -said she was not sure _if a condom was used or not, because she had 

an I�he time, an.d was not worried about pr�gnancy. 

I told .. her previous statement made it sound like she no longer had lhe. IUD ... said the IUD was giving her 

a Jot of pain, so she removed it herself during the middle of the night the day prior. 

While trying to determine if her clothing would be an appropriate piece of evidence to have DNA tested,-told me 

she has

.

not had any other sexual partners since having sex witt1P!fl and had not had sex with a�yone in the three 

days pnor to the sexual assault. 

Investigator Signature.: 

Page 15 

EXHIBIT A - Page 15 of 24 

Declaration of Michelle Barton Smigel in Support of Defendants' Motion to Dismiss
CASE SUPPLEMENTAL REPORT Printed: 04/2812014 14:54 

Eugene Police Department OCA: 1404131 

THE INFORMATION B!3LOW IS CONFIDENTIAL · FOR USE BY ·AUTHORIZED PERSONNEL ONLY 

C11se St11111s: SUSPENDED/INCTIVE (NO Case Mng St�tus: SUSPENDED Occurred: 03/0912014 

Offense: RAPE 1 - FORCIBLE 

also told mc=)\!f

 and Austin had approached another stude�t namediili and askedlil

if 

. lif oinli.to contact · he olice. �e ained sl�

e has �lass witJ -and had told her about the incident 

w th 

. Cljl and Austm. ts associated 

.

with the athlellc department, and that. may be why the,y 

came toll

 and asked tf was gomg to contact the police. 

. 

. 

At the conclusion of the. interview, I told .. I would need some type of evidence above and beyond her account of 

the events, if there were to be prosecution in the case. I told her .a common way er evidence is from the 

statements of the participants. I asked -if she would be willing to contac · 

· · f T1 and Austin by phone, 

and record the conversations. -said she was wiUing to do so. I 1ef): her with a digital recorder and earpiece. 

On Monday, 

and delivered 

March 

the recorder 

17, 2014, 

to front 

I contacted 

counter 

.. 

at the Eugene 

and learned she 

Police Department. 

had made recorded phone calls williil

andI reviewed the calls. The following is a synopsis of the calls. A recording of calls will be retained in the investigalive 

file and released when necessary. 

PHONE CONVERSATION BETWEEN-ANDil 

The following is a synopsis of the caU between .. and. The phone call is approximately 21 minutes in length . 

.. toldllishe was drunk during the incident and did not remember what happened when she was with hjm. She 

told him she wanted to know what hap ene� said she remembered crying and wanting to be left alone. She 

asked him what he remembered happening. aid he was confused, because they did leave her alone, and then she 

went to sleep. 

-aid she started crying during sex, and then everyone went into the living room and fell asleep. Later they both 

slept in his bed. He told her after she started crying, they did not do anything to her . 

.. told lilashe was trying to keep her clothes on, and did not want to have sex with three guys at one time.11 

said it seemed like she was cool with it when they were all in the bathroom ... asked if he remember her saying, 

"No." lmsaid he did 11ot remember that, and he was confused about the sitnation.!ltold her they were not trying 

�-�� . 

-

said sh� told them to stop .• said the first time any of them knew she did not want to continue was when she 

started to cry. · · said he had a conversation with her in the cab and asked if she was okay with what they were 

<loin'· said she was drunk then, and asked him ifhe thought she was capable of understanding what was going 

on. ,

.

·· she was not stumbling around, and would not have tried to do anything with her if she was drunk 

enough to be on the verge of throwing up. 

tol-she did not lik� what happened, and toldllishe was taken advantage of ... said she has heard 

s happened to other girls. llsaid he regretted the situation, and could understand why she felt like she was 

taken advantage of, given what she remembered of the situation. 

Investigntor Signature.: 

Page 16 

EXHIBIT A - Page 16 of 24 

Declaration of Michelle Barton Smigel in Support of Defendants' Motion to Dismiss
CASE SUPPLEMENT AL REPORT Printed: 04/28/2014 14:54 

Eugene Police Department. OCA: 1404131 

IBE INFORMATION BELOW TS CONFfDENTIAL-:FQR USE BY.AUTIIORJZE.D PERSONNEL ONLY 

Case Status; SUSPENDED/INACTIVE (NO Case Mng Status: SUSPENDED Occurred: 0310912014 

Offense: RAPE I -FORCIBLE 

lareminded her she made the choice to get into the cab with them ... asked if he had considered she was drunk, 

and not able to com nd what was going on ... said she was also not expecting for a. 11 three guys to end up in 

the room with her. 1 • • said she could have said she was not okay with the situation.. said she was just sleepy 

•nd wm . to sloop and they would not keep thei• hands off of her. -osk .. · bow he could justify what 

happened. 

·· 

said he could justify it because she got in the cab with them after what they had already dorw in the 

bathroom. · 

· 

· 

· 

· 

said if she did not like what they were doing before, she would not have come with them. 

-asked who the fomih person in the room was.llsaid he knew who the pers

�

m was, and added he was older, 

d not want to get involved in the situation. She asked if he was on the team and.told her no, and said it was 

just someone who lived in the same apartment complex. · 

. 

.. asked if they had done similar things with other girls. imsaid it was the first time they had done anything like 

this together . 

.. said she wanted to make sure this did not happen to any other girls, a d �ked.fhe felt like he did 

anything wrong. He said he absolutely did, and said he felt bad about the situation. 

PHONE CONVERSATION BETWEEN-ANiipi!ji 

The following is a synopsis of the conversation betweedj'"1and-The phone call is approximately 25 

minutes long. 

told .. he had already spoken withll

 and he wanted to talk with-He said he was bothered by 

as going on. 1flfhaid he did not wa e that kind of person, and did not want something like this to · 

happen to his mother or sister. 'Pf f baid he· was confused, and told .. she had the right to say no . 

.. asked if he remembered her saying no. 

1f ff 1said he was wit!� her and Austin in the bathroom and they were talking .• said there was no force to get 

her into the bathroom . 

.. said she wanted to leave, and asked if was him who was yelling at !lEacknowledged he was 

yelling at� said he needed to apologize to her for that. .. said she ered Austin having her in a 

head lock telling Austin that it was not cooilf Pnsaid he did not remember saying that, or remember 

her being in a headlock. 

PC'asked .. how she was feeling �bout the situation . 

.. told1f Sflhe felt like she was taken advant

.

age of, and that she did not app.-eciate what happened. 

Rfaid he understood, and told her that at no point did she ever mention saying she did not want to do what they 

were doing ... asked if he re1nembered her saying she did not want to continue. 1f

aid he did not, except for 

when she said she wanted to stop when they were hack at his apartment, and they did stop . 

. Investigator Signature.: 

Page 17 

EXHIBIT A - Page 17 of 24 

Declaration of Michelle Barton Smigel in Support of Defendants' Motion to Dismiss
CASE SUPPLEMENTAL REPORT Printed: 04/28/2014 14:54 

Eugene Police Department OCT\: 1404131 

THE INFORMATION llllLOW IS CONFIDENTIAL · FOR U� E DY AUTHORIZED PERSONNEL ONL V 

C11se Scacus: SUSPENDED/INACTIVE (NO Cnse Mng Status: SUSPENDED Occurred: 0310912014 

Offense: RAPE 1 - FORCIDLE 

.. askdj'!f1who the fourth person was that was in the room at the ap itment. 'if !@'also told .. it was 

an older person who lived in the same partme!f iex, and he left when she staited crying. -asked if it was 

another teammate. f $ old her it was not 1

' ' assured her this person did not do any hi�er. 

'P told her he was sorry, and said what he did was very inappropriate, and again mentioned he would not want 

any?ne to do that to his mom or sister.If $®'said he had never done anything like this before, and would never do it 

agam. 

'IP' 'd h h h h I . h h h d sa1 e t oug t s e was coo wit w at ij omg. 

. 'IP' sat 'd I 1e was not d run k an d b d remem ere 

everything that happened back at his apar ment. ' said he did not have sex with her back at the apartment. · 

•sai_d he was pulling on her hair an� push_ing her h�

ad toward his penis, and that she did not appreciate that. 

said he was sorry about that, and 1t was rnappropnate. 

§'U'told .. it was an experience no one should have to through, and called it a lesson learned for him G5i!i'Ii

 

said he knows a lot of girls do that kind of thing, but he did not think she was that lcind of girt'f $$'said he was not 

.sure how people had found out about what �appened, because he had not told anyone. 

W "i'his"

 

asked ifhe thought there should just be a warning or if there should be some type of punish ent 'flt s id 

been a warning. 

to!«p1she had said no, and they all kept touching her, and she was tired and did not want to deal with it, 

asked if he 

. •trut<'d 

saw a 

c

problem 

yiog Ill

w th 

' said 

t before 

at the 

she 

poiot 

started 

she s

r

t

ying

arte

.

i 

' • sa

' though' 

id no.

'She does 

rememb

hot want to 

ered she 

do 

stopped 

this.' -

for a 

glass of water at one point, and said he was· confused about why s e felt li e "'She"ha

 been t ken advantage of .

.. pointed �ut t ' ' he knew she was drunk. ' said he could kind of tell .. said she almost fainted 

in front of him. 1 - ' • ' responded with surprise. '" - ' · ' then asked who she was drinking with, and asked if she bad 

been drinking before she came to the party. 

-and • -'" . ·' s ent several minutes talking in general terms about the incident but did not discuss specifics about 

appened. ·' · ' then again apologized, and told her if she needed to talk to anybody about the situation, she 

could talk to him about it. 

INTERVIEW WITH 

told

. 

m

.

e she first elHl!

he day before the sexual assault and \.Vas with e ime. J contacted 

. via telephon� was investigating an incident which was relat� meetinclif

 

1 and asked her if she was present when -had metl\Pf f 1 

explai ed she a1

.

1 ere o

.

�1t l!ifMJhji1 .apartments _wh_en they enc ntere ff near he � 

d rocog zed · • · • and asked him 1f he wa ,mna • e conhrm� 

an • · • · then exchanged phone numbers oiler a short conversation, and then went their 

Jnve:itlgator Signature.:c 

Page 18 

EXHIBIT A - Page 18 of 24 

Declaration of Michelle Barton Smigel in Support of Defendants' Motion to Dismiss
CASE SUPPLEMENTAL REPORT Printed: 04/28/2014 14:54 

Eugene Police Department OCA: 1404131 

THE INFORMATION BELOW !$ CONFIDENTIAL-.FOR USE BY Alf.10RlZED PERSONNEL ONLY · 

Case Status: SUSPENDEDllNACTIVE.(NO Case Mng Status: SUSPENDED Occurred: 0310912014 

Offense: RAPE I - FORCIBLE 

separate ways . 

.. had previously told me-had no knowledge of the sexual assault, she was not interviewed regarding the 

incident. · 

INTERVIEW WJTH 

I contact ia telephone: .. confirmed she is-s roommate, and that she went to a 

party with a� on March 8, 2014. 1 asked-how much alcohol she oblli

d drink 

during the evening. said she saw .. drinking peach flavored vodka· while at her apartment. 

The vodka had been supplied by a male friend who was at the apartment. 

l asked how much vodka she had seen.drink, and how intoxicated she estimated .. to be wh rived 

at the party said she thought had one or two .shots, and then they walked to the party. said 

she could n� was intoxicated at all. · 

Shortly after arriving at the patiy, -said she noticed an unconscious man outside at the party. When police 

.. 

arrived to deal with the intoxicated man, everyone at the party ran away. -said she did not have contact with 

after she started dealing with the intoJcicated male. · 

INTER VIEW WITH 

I contacted via telephone. -told me she met .. approximately one week before the night 

. On Mar ard about a pa1iy occurring at I 9tfi and Onyx, and decided to attend with 

s roommate,__.

 -was unaware of how much .. had to drink before arriving at the party at 19th and O�knew she bad 

been drinking peach vodka. After being at the party for a short time, the party was shut down and-and .. 

debated 011 wpether or not to attend another party .. had ·heard about. -explalned the debate was over 

whether the party was actually going on oi: not. They decided to go, and found that there was a small party at 1270 E. 

22nd A venue. · 

-said the ?rst enc�un! re� in the fr?nt.yard at the house and · - •.· • 

·' immedia an 

talking to • • mv1ted t e. Once ms1de the house, said -• · -• and were 

flitting with each o · er. said it appeared as i� wjf fjing the attention from ·' · -• and she saw 

them dancing together. d.id not notice when and ' · ·'left the room, but when she saw them again, 

they were in the kitchen. · 

-and .. spoke briefly� told her a ride was coming to pick them up,. .. asked-to let 

her know when the ride arrived. she warned .. tha1S!S'was not a nice guy. 

Investigator Signature.! 

Page 19 

EXHIBIT A - Page 19 of 24 

Declaration of Michelle Barton Smigel in Support of Defendants' Motion to Dismiss
CASE SUPPLEMENTAL REPORT Printed: 04/28/2014 14:54 

Eugene Police Department OCA: J404JJJ 

THE rNFQRMAT!ON DEL.OW IS CONFI.O_Et'.!TIAL- FOR USE BY AU'rnORlZED PERSO�EL ONL V. 

Cnse Status: SUSPENDED/INACTIVE' (NO Case MngStatus: SUSPENDED Occurred: 03109/2014 

Offense: RAPE I - FORCIBLE 

Approximi!tel 20 minutes later, -called .. and told her the ride was there ... said she would be out in 

a minute. began telling people arty goodbye, and then sent-a text messa

. 

e te

. 

ll ng her she was 

··-

leaving. A out a minute later, she saw-leave the house and go outside almost in a run. -was followed 

nd another male she did not recognize. -told-to tell -that he really was 

said� being .iJdf'G@i'!f 1 and .. made a statement he was no1 rea114;J!ldN@

 

then� he wa rm1 - t 'fQi

old ir ride had arrived, and she began walking toward the � � was slow to 

er, aiidilili

grabbed-s arm, and told her to stay with them. id no!.e.

her with 

any type of force, and was not k er there by holding her back. -said she tried to explain a 

friend's roommate was the person who had come to pick them up, and it wa.5 rude to keep that person waiting. 

said she was going back and forth between -trying to get her to come, and the driver of the car, apologizing, and 

explaining she was trying to get-in the car with her . • said at one point';'!f1grabbed her arm and tried to pull her away from--said she shoved 

away and told him never to touch he� -then told all s wanted from her was sex, and 

she should come with he . then told-she wanted to go to • house. -told 

she needed �Ome. • • I I en approached them and agai 

' 

ked to stay a th m efl led 

away from-and ac toward the house. � m ·'was lea� around, and � decisions for her, but she was allowing it to hap� said she then left. -said she tried to get-to 

go with her for about 20 minutes. 

had mentioned she had spoken lfT withJ�!earlier at the party. I asked if she had seen him with 

th t. -said she saw · 

· outsi e e ouse w en she was trying to get-to leave, and saw 

and-talking. 

said 

I askedshe did not. if she ever saw anyone put .. in a headlock in an attempt to get her to stay at the house. -

l asked if-was int�xicated when they were outside, and she was trying to get her into the car. 

said she had never been around -when sbe was drunk, so she did not know how she handled alcohol. 

said-was reasonably sober. . 

. . 

INTERV$W WITH Redacted 

On April 3, 2014, I contactedp;mat his apartment. Also present was Detective Matt Herbert. Wherlil 

- -

answered the door, I identified myself as a police officer and told him l wanted to ask h m questions. I told him 

=rcni had alleged their sexual activity was not consensual, and l was investigating those claims. I told-I ke to record the interview and asked if that was okay with him. He said it was. f used a digital recorder to · 

capture the inte view. The following is a synopsis of the interview. The audio file of the interview will be kept.in the 

investigation file and disclosed as necessary. 

Investigator Signatur .. ---- · --------------------�-� 

Page 20 

EXHIBIT A - Page 20 of 24 

Declaration of Michelle Barton Smigel in Support of Defendants' Motion to Dismiss
CASE SUPPLEMENT AL REPORT Printed: 04/28/20 14 14:54 

Eugene Police Department OCA : 1404131 

THE INFORMATION BULOW IS CONFIDENTIAL - �OR use BY AUTHORJZED PERSONNEL 9NL y 

Case Status: SUSPENDEDIJNACTJVE (NO Case Mng Status: SUSPENDED Occurrcil: 0310912014 

Offense: RAPE 1 - FORCIBLE 

I asked 'm ·how he met ll

told me he met her at the party a1 Re acte house througti 

· · ' and Brandon Aus� the first tii:ne he met her, she came up to him, and then they went into the 

bathroom. I asked what they did in the bathroom .• aid they had sex. 

1Plf1and 

I asked what led up to the sex. id anc ng in the balhroom.ll

said he had sex with-and 

Austin both received oral se� .. I asked if he had a discussion with .. about sex before it 

bappened.lisaid .. asked him if he had

. 

a condom. llilsaid he had one with him, and used it. 

I asked what h ened a.fter they left the bathroom .• aid they got into a �ab and came back to his apartment. il 

saidM;BUJA was also in the cab, and came back to the apartment with them. I have atempted to contac� 

with negative results.· · 

When they arrived at the apartment ... asked for a hair lie, and a change of clothes �hich he provided. ll

said 

the same type of things then started at the apartment t11at ff "g on in the bathroom.ll

said he was having sex 

wiU1 -At the same time she was giving oral sex to'' ' · ' and Austin. 

I tolcii .. claimed she was telling them she did not want to do those types of things with three guys, and she 

was holding her clothes on fiFDsaid there was not grabbing of her clothes, and in fact she was the one who made 

moves to grab their penises when they were getting undressed. 

bat happened when .. started to cry.!lisaid she started to tear up and everyone quit having sex. 

aid he led her out to the living room and sat down with her and talked to her on the couch. At the samll time 

and Austin began playing video games. -said they talked for a while and then fell asleep for a bit on the 

couch. Later they went to his room where they spent the rest of the 11ight. 

•aid the next morning he and .. ·had s�x again. He said she performed oral sex on him, and then .tbey had sex. 

aid he wore a condom when he had sex with her. . 

I as� if anyone had taken. pictμres of what was gol ng on. -aid5'"bok a picture of them on the couch, 

andll

till had the picture. 

l asked f he �

ad an opinion of-s intoxication level that night. iltold me she was not stumbling, and 

was sp� fine.ll

said he did not see her drinking that night. _ 

I asked-if he was int:oxicated .• told me he had one shot that night 

I asked llif he had to taJk her into doing anything .• said he did not, and said-was having fun with it in 

the batnroom, and then got in the cab with them. . 

1 askectilfhe ever saw Austin holding ... 

in a headlock when they were waiting for the cab. r.r.

 

-

not. il said .. was talking to a friend before they left, and she freely came with them.liald. sat on 

's la during the cab ride, and he asked her if she was comfortable with what they did in the bathroom. · · . aid 

.

said she was fine with it. I asked him what tl!c first clue was that .. no longer wanted to do what they were 

doing. -said it was when she started to tear up .• said she was not sobbing, she just started to sniffle and tear 

up. 

[nvesligator Signatur� 

Page 21 

EXHIBIT A - Page 21 of 24 

Declaration of Michelle Barton Smigel in Support of Defendants' Motion to Dismiss
CASE SUPPLEMENTAL REPORT Printed: 04/28/2014 14:54 

Eugene Police Department OCA: 1404131 

rem INFOJl.MATION BELOW IS CONFp)EN.flAL < FOil. USE BY AUTflORIZBP.PER,SONNEL 9NLY 

C11seS1atu$: SUSPENDED/INACTIVE (NO CaseMngStatus: SUSPENDED 

Offense: RAPE 1 - FORCIBLE 

Occurred: 0310912014 

ll

then toiclm� about seeing .. the next day a.FriSilapartment. He said he tried to talk with her then, 

and she told him that she felt like she was taken a van age o . 

I asked-if there was anythi11g else about what happened that I should know. Im reiterated there was no force 

involved, and he had not seen her drinking that night.. 

INTERVIEW WI11I Redacted 

At the conclusion of the interview withll

 he went inside and had� step outside. I introduced . 

myselfdf and told him I would like to record my interview. nurne:te recorder and told him th� recorder 

was on. 

The following is a synopsis of the interview. The recording will be retained in the investigative file and will be made 

available when necessary. 

· 

T explained I was i11vestigating an incident which happened with--T told him he was not under arrest 

and was free to end the conversation at any time. I told him I had her side of the sto1y, and I was there to get his side of 

the story. 

I told-I understood the first time he had met .. was at a party atl 

he met her for the :first time at the party. 

Redacted house.pp' confirmed 

'!SRI said he met her dancingfr*rty and they started talking. I asked how it cat�e that he and Austin were in the 

bathroom with .. together. • ' said they were dancing, and he asked her to come to the bathroom with him. 

lf 1 said when they were in the bathroom was dancing around, and they were talk aid he was 

sittii\g on the toilet and Austin was standing ' 

• 

id he first told her his name was Scott d .. 

asked if they played basketball, and said she recognized them. -said they kept talking with her, and asked her 

what she wanted to do. . •said. performed oral sex on him and Austin in the bathro�m, and then they stopped for a little bit. I told 

that said when they were in the bathroom, he and Austin kept moving her phone away from her, and · 

telling her that no one was trying to get in contact with her.'fsaid it was joke, and they were just playing around. 

saw • All four then went back into the bathroom. • 

' 

' i;aid he sat back down on the toilet and • • 

The left !he ballrroom '"" went baek into tho pady. They w and then to whore poople . ere dancinff ' 

was talking with ' 'said the next thing he knew andll

ere havillg sex, and .. asked if 

they had condoms. ' · • aid he left the bathroom and wei:it to fin� condoms for all three of them. 

1j'!Mbt back into the� and.and Austin put the condoms on ... had sex with .. while he and 

.. 

Austin received oral sex. ii

said at some point someone knocked on the door, and-got scared '9f®'said 

left the bathroom and sat on the ground right outside the bathroom. 1jf said she had started to cry a little bit, 

and he asked her if she was okay. She told him she was fine, and she just needed some water. 

Investigator Signature:. 

Page 22 

EXHIBIT A - Page 22 of 24 

Declaration of Michelle Barton Smigel in Support of Defendants' Motion to Dismiss
CASE SUPPLEMENT AL REPORT Printed: 04/28/2014 14:54 

E11gene Police Department OCA: 1404131 

11lE JNFORMA TION BELOW IS CONFIDENTIAL· FOR USE BY AUTIIORIZEO PERSONNEL ONLY 

Case Status: SUSPENDED/INACTIVE (NO Case Mng Status: SUSPENDE

 Occurred: 0310912014 

Offense: RAPE 1 -FORCJBLE 

They then went outside and�friend. was getting ready to leave.51F1said-s friend left at the 

party.'lfM1saidiltold in the cab, that if she was not comfortable to Jet him know. ' • · •said when 

they arrived they went inside. was walking fine and not stumblin r. ' ·' ·• said he coul tc s e had been 

drinking, but was not drunk enough to not know what she was doing. ' said he spo� later, and she told 

..

him she did not remember what happened, butf !$'said he thought she was fine. I told neone had given 

. a shot of something in the cab that came from an apple shaped bott1e.'Tf'hid he did not remember anyone 

gjving her a drink, and he did not remember the apple shaped bottle. 

I asked-how much he had to drink. -said he had a few drinks that night. 

- a e a change of clothes .. they all started ta!king.1ffT1said ' 

' and .. started to have sex 

while he a tin received oral sex. 

'!

' 

said when Austin was having sex wit. 

she told him to stop. 

aid

. 

said she did w t em like that, and she \f t met them. ' said-talked to he., 

and she tot · .' s e ��as okay.ilil

got .. some water and and .. sat on the couch and talked until 

they fell asleep. said when he went to bed he woke them up an told them Austin had left, and he was going to 

bed. 1fsai · · ·and .. slept i-bed that night, and then had sex again the next morning. 

-said they saw .. the next day, an-ried to talk with her, but she said she did not want to talk to him . 

. llil

� 

aid they got a phone call from one <:>f-s friends,-and they met with-who told them 

was thinking about the situation. 

'!$M'showed me the phot� he took of at their apartment. l viewed four photos which showed .. sitting 

and lying on the couch withili

 T askecmto forward the photos to me and he said he would. At the time this 

report was submitted, the pl ave not been received. 

INTERVIEW WITH BRANDON AUSTIN 

l obtained Austin's phone number froniil

and l called Austin 81ld made an appointment to interview him 

the next day at 3:00pm at his residence. ly before the interview was to occur, Austin called and advised he needed 

to speak with an attorney before he made any statements. Austin told me he would provide his attorney with my phone 

number. 

· 

On April 7, 2014 I received a message from, and later contacted attorney Laura Fine Moro. Moro advised she is 

representing Austin in this legal matter and told me she had interviewed Auti� 

was able to provide a short 

synopsis of Austin's version of events. Austin's account was similar to that o and'f!T' 

INTERVIEW WITH--

revio sly left n phone message for--which was not returned. I again attempted contact with 

and was successful. 

Investigator Sign11ture.: 

Page 23 

EXHIBIT A - Page 23 of 24 

Declaration of Michelle Barton Smigel in Support of Defendants' Motion to Dismiss
CASE SUPPLEMENTAL REPORT Printed: 04/28/2014 J 4:54 

Eugene Police Department OCA: 1404131 

nm INFORMAT£0N BELOW IS CONFJO�TIA:L · FOR USE BY AU'lORlZpD PERSONNDL ONLY 

Case Stalu.�: SUSPENDED/INACTIVE (NO Case Mng Stntus: SUSPENDED 

Offense: RAPE 1 - FORCIBLE 

Occurred: 0310912014 

.. had previously stated 

going to call the J:>Olice. 1 aske' 

they told her, tha -

•1 and Austin had approached her and asked if was 

and Aust n had come to her asking about police.-. said 

was thinking about calling the police, and wanted to know if it was 

true. 

I asked11·f .. 

had told her what happened. 11

 told me .. 

told her what happened the next day. At 

that time told her that she -thought it was jut a no al thing that happened in college, so she went 

along wit it. 

. 

When .. heard .. tell the story later in the week ... had changed the story to include that she had told 

them no, and had tr ed to hold her clothes on . 

.. said she never wanted to be part of the situation and she was concerned because she works as a tutor for the 

University.

· l assured-that she was in no trouble, and that I would note she answered all my questions. 

FOLLOW-UP INTERVIEW WITH--

li 

ak ng wi ®lnd ® r contacted I told .. I had interviewed-nd 

and told he;; claimed they\i TI morning follow 1�ght she spent at his apartment. 

.. said she could not remember if they did or not, but she said they did fool around a little. 

I asked her what fooling around meant. 

.. said she gav-oral sex at that time, but could not remember ifth.cy had sex. 

Conclusion: This investigation is forwarded to the Lane County District Attorney's Offic·e for a determination of 

charges. 

· 

Investigator Signature.:. 

Page 24 

EXHIBIT A - Page 24 of 24 

Declaration of Michelle Barton Smigel in Support of Defendants' Motion to Dismiss