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SDSU rape investigation goes to DA, police calls to ‘party house’ released

Officers were called to off-campus house three times in 2021. Residence never flagged under police CAPP program.

SAN DIEGO — The rape investigation focused on Aztecs football players is in the hands of the San Diego County District Attorney, as we learn more about the off-campus house that was allegedly the scene of the crime.

San Diego police officers were called to the house three times in 2021, according to public records released to CBS 8 by the city of San Diego.

Criminal defense attorney Gretchen von Helms has been following recent developments in the case. She expects criminal charges are coming soon.

“Charges are going to be filed in this case by the district attorney,” von Helms said.

She said the DA could file charges fairly quickly, or choose to take the evidence before a criminal grand jury.

“If they choose the grand jury route…it is going to be about a three-month process. If instead, they decide to just issue charges against the persons, then they could do it tomorrow,” von Helms said.

During SDPD’s nine-month investigation, detectives said they served 10 search warrants, interviewed multiple witnesses, and reviewed three terabytes of digital evidence.  

Still, no arrests have been made.

“The police have done a really thorough job. In this case, they've gotten phone downloads, cameras, witness statements, probably texts. And so, they're going to give all that evidence to the district attorney's office and the district attorney's office is going to have to go through all that. But, there will definitely be charges filed against one or more of these individuals,” von Helms said.

The alleged victim told CBS 8 she was age 17 when she was raped in October of last year by several SDSU football players, during an off-campus party inside a house located less than a half mile from SDSU.

CBS 8 filed a public records request with the city and found SDPD officers were called to the house three times in 2021.

On January 9, 2021 at 1:15 a.m., there were reports of a loud party with “music and screaming occurring for the past 90 minutes,” according to the police records. Officers arrived at 3:25 a.m. There was “no party” and the scene was “all quiet,” the records showed.

On May 5, 2021 at 12:30 a.m., police dispatchers received a report of a loud party with “howling and screaming every 10 mins,” according to the records.  Officers arrived on scene at 12:52 a.m. but there was “no music or shouting heard from street” and the call was closed out.

On June 11, 2021 at 11:13 p.m. dispatch received a report of a “loud party at location with subjects howling for unknown reasons,” according to the call-for-service records.  There was no indication in the records that officers ever arrived on scene.  The event was closed out at 4:29 a.m. with a note that indicated the call was “3+ hours old.”

There also was a prowler report in December 2021. And, a report of a burglary at the house in May 2022.

CBS 8 is not identifying the exact address of the home, as criminal charges have not been filed in the case.

All three “loud party” calls in 2021 were reported months before the alleged gang-rape of the teenager, which she reported as occurring on the evening of October 16, 2021.

The San Diego Police Department has a zero-tolerance program in place called the Community Assisted Party Program (CAPP), where properties in the College Area get flagged for having parties with underage drinking.  Repeat violators can be charged civil fines of $1,000.

SDPD previously told CBS 8 the house in question was not flagged under the CAPP program.

WATCH RELATED: Neighbors near SDSU party house where alleged rape occurred ask for help from city (August 2022)

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