Charges will not be filed against the CHP officer, a woman claims raped her. A prosecutor said Friday they don't have enough evidence for a conviction.
The woman, whose identity we've hidden because of the nature of her claim, said no matter what prosecutors say, she was raped.
Supervising Deputy District Attorney Andrea Kohler said although they don't sanction the officer's conduct they cannot prove anything he did was criminal.
"He used his uniform to take advantage of me," said the woman.
About three and a half months ago, the 21-year-old woman said she was drinking at a bar. "I was very intoxicated. I left the bar. I got pulled over for going way to fast," she said.
That stop was made by a Sheriff's deputy who called the CHP. She said the CHP officers, including Officer Jose Davila, showed up to give her a sobriety test.
"The cop asked me, do you want to get a DUI or can I follow you home and make sure you get home okay?," said the woman.
She said she opted to be followed home. "So I get home. I go straight to my bedroom. Next thing I know, my door shuts. I freeze up, I lock up. I was scared. He had a gun. He used his authority to take advantage of me," said the woman.
She said he raped her. "No words were exchanged at all," said the woman.
In October, the Kern County Sheriff's Department recommended an assault and rape charge against the officer. But, on Friday the District Attorney's office decided not to prosecute.
"There was not proof beyond a reasonable doubt that it was against the will or non-consensual," said Kohler.
The D.A.'s office says there is evidence the two had sex, but they don't know the woman's blood alcohol level at the time. The office also said during the investigation a third party came forward with concerns about the woman's story.
"Just in happenstance came into contact with the victim, saying she made some statements they found concerning about the allegations," said Kohler.
Officer Davila's attorney, Kyle Humphrey, said his client is relieved. "My client has maintained that nothing criminal happened," said Humphrey.
Humphrey said Officer Davila was so remorseful about his behavior he resigned from the CHP.
"I think for him he loved being an officer, but he lost that because of his bad choice, and obviously he regrets that and he regrets the impact this had on his family," said Humphrey.
Regrets, but no charges.. a depressing thought for the woman accusing him.
"I'm asking for someone to help somehow. This is wrongdoing by the people who are supposed to protect," said the woman.
Charges were never recommended for Officer Roald Lopez, the other officer involved. He also resigned.
Davila's attorney expects the woman will file a civil case and she tells us that what she wants to do.
