Ex-Bills punter Matt Araiza will NOT face criminal charges over alleged 2021 gang rape

Former Buffalo Bills punter Matt Araiza will not face criminal charges over accusations that he participated in a gang rape of a minor while attending San Diego State. Araiza, a rookie, was released by the Bills after the accusations first surfaced publicly in August.

The San Diego County District Attorney’s Office announced its decision Wednesday, saying that ‘prosecutors determined it is clear the evidence does not support the filing of criminal charges.

‘There is no path to a potential criminal conviction,’ read the DA statement.

Former Bills punter Matt Araiza (pictured) will not face criminal charges over accusations that he participated in a gang rape of a minor while attending San Diego State. Araiza, a rookie, was released by the Bills after the accusations first surfaced publicly in August 

Dan Gilleon, who represented the plaintiff known as ‘Jane Doe,’ responded to Wednesday’s news in a statement to DailyMail.com by accusing the DA’s office of dismissing his client because she was intoxicated. 

‘I am never surprised when a prosecutor does not file sexual assault charges when the victim was intoxicated,’ Gilleon’s statement began. ‘It’s a very rare case where the criminal justice system achieves anything satisfactory for the victim in a sexual assault. 

‘In the criminal system, the victim is just another witness. She is not represented by anyone. Prosecutors cannot file charges unless they think they can get a unanimous decision from all jurors who cannot vote to convict unless they’re convinced beyond any reasonable doubt.’

Gilleon indicated that he and his client are still proceeding with their lawsuit against Araiza and the other defendants.  

‘The lawsuit we filed is not in the criminal justice system,’ he said. ‘It’s a different ball game here. The victim is represented, and the focus is on the harm defendants caused her. It is only in the civil system that a victim of sexual assault can achieve justice, and we plan to do just that.’

Araiza and two of his former San Diego State teammates were accused in an August civil lawsuit of gang raping the teenager at an off-campus party in 2021, while the star punter still played for the Aztecs.

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The lawsuit, filed in San Diego County Superior Court, accuses Araiza, Zavier Leonard (right) and Nowlin ‘Pa’a’ Ewaliko (left) of gang-raping a then-17-year-old girl at a Halloween party at a home where Araiza had been living

The lawsuit, filed in San Diego County Superior Court, accuses Araiza, Zavier Leonard and Nowlin ‘Pa’a’ Ewaliko of gang raping a then-17-year-old girl at a Halloween party at a home where Araiza had been living. Through his attorney, Araiza has denied the charges. 

The plaintiff, now 18, is identified in the complaint as ‘Jane Doe’ because she was underage at the time.

According to the lawsuit, obtained by DailyMail.com, the teen had been drinking with friends when they decided to go to the party on October 17.  She was ‘observably intoxicated upon arrival.’ 

Jane Doe then became separated from her friends and was approached by Araiza who offered her a drink, according to the filing. She believes the drink ‘not only contained alcohol, but other intoxicating substances,’ the complaint read.

She allegedly told Araiza that she was a high school senior before he led her to a side yard and asked her to perform oral sex. 

The two had sex and he then brought her to a bedroom in the house, where there were at least three other men, including Leonard and Ewaliko, according to the complaint. The lawsuit states that Araiza threw the teen onto the bed and she went in and out of consciousness while she was being raped. It added, ‘she does remember some moments from the horrific gang rape.’

After an hour-and-a-half, the teen ‘stumbled out of the room bloody and crying,’ according to the complaint. Her nose, belly button, and ear piercings had been pulled out.

She immediately told her friends about the rape and the next day reported it to police and underwent a rape exam, according to the lawsuit. Officers coached her on calling Araiza, which she did 10 days later as detectives recorded it, according to the complaint.

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Buffalo Bills punter Matthew Araiza told his 17-year-old rape accuser in a police-monitored phone call that she needed to be tested for chlamydia after an alleged hour-and-a-half-long attack that left her ‘bloody and crying,’ according to a court filing obtained by DailyMail.com

During the call, Araiza acknowledged having sex with her, the lawsuit states, but later, when she asked him ‘And did we have actual sex?’ he responded ‘This is Matt Araiza. I don’t remember anything that happened that night’ and hung up.

But before getting off the phone, Araiza told Doe to get tested for chlamydia, according to the filing. 

‘Araiza told Doe that he had tested positive for chlamydia, at which time Doe was instructed to say, ”So you know what to get tested for Ok, that makes me feel a bit better.”’

‘This was a horrific crime, the kind of which happens all too often,’ Gilleon’s firm told DailyMail.com in an August statement. ‘What makes these crimes different is not only that they were committed by self-entitled athletes. Just as awful as the crimes, for months, multiple organizations–SDSU, the San Diego Police Department, the San Diego District Attorney, and now the Buffalo Bills–have acted the part of enablers looking the other way in denial that my client deserves justice even if the defendants are prized athletes.’

Attorney Kerry Armstrong, who represents Araiza in the criminal investigation, called the allegations untrue based on the findings of an investigator he hired.

‘I 100% do not believe that he ever forcibly raped this girl or had sex with her while she was passed out or drunk or anything like that,’ Armstrong told the AP. ‘It’s unfortunate that she’s filed a civil suit. I think it’s a cash grab.’

Buffalo Bills punter Matt Araiza waves to fans after a preseason NFL football game against the Indianapolis Colts in Orchard Park, New York on August 13

Armstrong said the Bills were aware of the allegations and investigation of Araiza before the lawsuit was filed because he provided the team updates since he was retained by the punter about six weeks ago.

‘Matt Araiza’s very upset about this, as you can imagine. He’s very disappointed,’ Armstrong said. ‘But he’s going to get his day in court eventually.’

Eventually, in late August, the team decided to cut ties with Araiza. 

‘This is bigger than football,’ Bills GM Brandon Beane said at the time. ‘Our culture in Buffalo is more important than winning football games.

‘We sympathize with this whole situation, all the parties involved, this young woman and what she went through. Ultimately this is a legal situation, we don’t know all the facts. That’s what makes it hard.

‘But at this time we just think it’s the best move from everyone to move on from Matt and let him take care of this situation and focus on that. We’re going to part ways there.

‘It’s a very serious situation, a serious nature and allegations. We don’t have the means to put the facts together. We are trying to do the best we could, be thoughtful and not rush to judgement.’

Beane said the team was aware of Araiza’s side of the story before the allegations surfaced.  

‘How transparent was Matt? Matt gave us his version of events, that is where it’s at. There were many things we could not get our hands on through the resources we have.’

Were an NFL team to sign Araiza, he would not be subject to the league’s personal conduct policy over the alleged rape because it is said to have taken place in 2021, before he was drafted. 

The 22-year-old Araiza, who attended San Diego’s Rancho Bernardo High, was SDSU’s most recognizable player during a school-record 12-2 season that netted a No. 25 ranking in the final AP Top 25 poll. He routinely flipped the field with his jaw-dropping punts and set an NCAA record with a 51.19-yard average. He won the Ray Guy Award and was a first-team AP All-American