La Voz

Charges will not be filed against against the De Anza College baseball students said to be involved in an alleged gang rape of a 17-year-old high school student on March 3. The eight baseball players were suspended from play because of the seriousness of the allegations, but not suspended from school after the reported incident, said Director of Marketing/Communications and Development Marisa Spatafore. "The Sheriff's Office conducted a thorough investigation and submitted its findings for our review," said District Attorney Dolores Carr, according to the San Jose Mercury News. "We have completed our review, and have concluded that there is insufficient evidence to support the filing of charges."

Suspended player Spencer Maltbie declined to comment. "We looked at every shred of evidence in this case, and we used every procedural avenue available to us to examine the facts. We discussed it and decided there was insufficient evidence of any crimes being investigated," said Assistant District Attorney David Tomkins in a phone interview from CBS5 News.

"This has been going on for two and a half months, but for us it feels like it's been going on for six months," said De Anza's baseball coach, Scott Hertler. "I think bad decisions were made, but I don't think that athletes are different from the rest of the student body. That's not an excuse." The investigators, including Santa Clara County Sheriff Laurie Smith, were frustrated with the DA's decision, according the Mercury News. "The DA's office has a different responsibility than we have," she said. "We have no expertise in prosecution. I understand that that is entirely their decision."

To revisit the case, major evidence must be uncovered. If not, the sheriff's department or the victim may ask the state attorney general's office to take over the investigation.

Spatafore said education and awareness programs for students and athletes regarding acceptable behavior will be offered.

"A group was contacted from back east that works with NCAA teams on alcohol-related issues and how women should be treated," said Hertler.

"Everyone deserves a second chance. We should look at this in terms of how we can learn from it," he said.

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