TALLAHASSEE, FL (RNN) -A prosecutor said Thursday afternoon that no charges will be filed in the accusation of sexual assault against Florida State quarterback Jameis Winston. The announcement comes after weeks of speculation surrounding the star player for the No. 1 ranked Seminoles, who is the leading candidate for the Heisman Trophy.
The announcement comes days before FSU plays for the Atlantic Coast Conference Championship on Saturday and the Heisman vote on Monday.
Florida State Attorney Willie Meggs said that Winston's status as a star athlete had no effect on the decision.
"We've carefully examined the evidence and conclude that no charges will be filed against anyone in this case," he said. Meggs said there was not enough evidence to create a reasonable expectation of a conviction.
The alleged assault was reported in December 2012. The accuser didn't identify Winston as the suspect until January 2013, according to a timeline released by the Tallahassee Police Department.
A search warrant released hours before the announcement said the alleged victim claimed she was raped after a night of drinking at a bar, according to the Associated Press. She told police she had five or six shots at Potbelly's and her memory after that is cloudy.
Meggs said toxicology reports show her with a blood alcohol level of .046 and that there were no drugs present in her system, including so-called date rape drugs.
The accuser said she recalled being in a cab with a black man and going to an apartment where he raped her.
The warrant said she tried to fight the man off, and that another man came in the room and told him to stop. The two went into a bathroom "where he completed the act," the AP reported.
She said she recalled him dressing her. He then put her on a scooter and left her at a campus intersection. She did not know where the assault took place, the AP said.
The case was made inactive in February after police said the accuser didn't want to move forward, something her attorney refuted.
Winston turned over a DNA sample when the case was re-activated in November and DNA matching Winston's was found in the accuser's underwear.
Winston's attorney claimed the sex was consensual.
The attorney for the accuser issued a statement saying: "To be clear, the victim did not consent."
Winston is the leading Heisman Trophy candidate and was named ACC Player of the year on Wednesday.
Heisman ballots are due Monday, Dec 9.
Winston, a redshirt freshman, has thus far led his team to an undefeated season and a shot at the national championship. He has passed for 35 touchdowns and almost 3,500 yards. Winston completed 68 percent of his passes during the regular season.
Florida State is scheduled to take on Duke in the ACC Championship game Saturday. A victory would guarantee a berth in the BCS National Championship in January in Pasadena, CA.
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