David Anthony Kirk, 20, was arrested Tuesday, three days after Jack Ryan Smith, 26, was arrested by the Orange County Sheriff’s Office. The two men were both charged with sexual battery, FOX35 reported.
The woman told deputies she went to a party Friday at a location near the school that is known for being Alpha Tau Omega’s party house, the Orlando Sentinel reported. The woman said she drank vodka on the way to the party and consumed alcohol when she arrived. During the party, she recalled talking to Kirk and Smith, an arrest report stated.
The woman said she started to feel herself become intoxicated after she slurred her words and had trouble walking. She said there were parts of the night she was blackout drunk during. The woman said she woke up naked lying face down on a bed and saw Smith raping her while Kirk attempted to force her to give him oral sex. She recalled the men saying, “My turn, my turn.”
The woman recalled crying at a bathroom near the bedroom before asking her friends to get her. She said she went to Florida Hospital East Orlando the next day. It was not immediately clear if the woman went to the University of Central Florida.
Alpha Tau Omega was placed on an interim suspension by the school Tuesday following the arrests. This is the second time in less than a year that the fraternity was suspended. The first time was also due to a woman who reported being raped, this time at a “New Years in July” party. Two men were charged with sexual battery and kidnap but the charges were dropped a few months later.
The fraternity’s national organization released a statement Tuesday regarding the suspension claiming the party was “not in any way connected” to the fraternity.
“The party was not planned or coordinated by the chapter, was not sponsored by the chapter, was not sanctioned or promoted by the chapter,” the statement said. “This was not an ATO event.”
Kirk is a junior at the school majoring in pre-marketing while Smith is a sophomore majoring in pre-business. Kirk was a member of the fraternity but was expelled in January for an undisclosed reason. Smith was not a member of the fraternity, Click Orlando reported.
Smith posted the $10,000 to get out of the Orange County Jail. He appeared before a judge Sunday during a court appearance where he sobbed as the judge read what punishment he could face if he is convicted.
“I’ve never done anything wrong in my life,” Smith said through tears.