Charges dropped against former Loyola exchange student in sexual battery case
Students talk outside The Boot Bar and Grill in spring of 2018. The charges against Carlos Pena Cifuentes, who was arrested in connection with a reported sexual battery at the bar in the fall, have been dropped. Photo credit: Hannah Renton
January 28, 2020
The Orleans Parish District Attorney has dropped the sexual battery charges against former Loyola exchange student, Carlos Peña Cifuentes.
Ken Daley, Orleans Parish District Attorney spokesman, said the charges were dropped because video evidence did not match the complaining witness’ original statement.
“Our screening process for this case included an extensive review of video evidence from inside the nightclub, which conflicted with statements the complaining witness made to police and failed to corroborate her version of events,” Daley said.
Loyola University Police Chief Todd Warren said he absolutely disagreed with the district attorney’s decision to drop the charges.
“I am appalled at his decision.” Warren said. “I have seen the video of it, and I think it absolutely corroborates her story.”
According to Daley, the district attorney’s office invited the witness to review the video evidence and discuss the inconsistencies.
“She declined and said she understood our position that there was insufficient evidence to prosecute this case,” Daley said.
Warren, who said he also watched the video evidence, said the parts of the video the district attorney is saying don’t corroborate the witness’ story, are not relevant to her claim.
“I saw the same things he saw, and in my professional opinion, they’re not relevant to the allegations, and anyone with any training in investigating and prosecuting these cases should know better,” Warren said.
According to court documents, the district attorney refused charges last week, on Jan. 24.
Cifuentes, originally from Madrid, Spain, was arrested in September in connection with a reported sexual battery at The Boot Bar and Grill.
Daley said he is not aware of any plans to pursue charges against the complaining witness for filing a potentially false police report.
In a statement to the press, Avery Pardee, Cifuentes’ lawyer said the district attorney’s office had “rightly” refused the charges. She also confirmed that Cifuentes had returned home to Spain.
“Carlos is completely innocent of the accusations previously reported in the press and looks forward to resuming his studies in Spain,” his lawyer said.
Pardee told The Maroon she thought Warren’s continued comments on the case were “irresponsible,” and “disappointing.”
“They represent a rush to judgement by Loyola Police Department,” Pardee said.
Pepa • Oct 6, 2020 at 7:49 am
Carlos was a normal guy, proved innocent by video evidence. Yet, have a look at the article posted in this web: “Loyola student arrested in connection with sexual battery released on bond”. You will see a bunch of people climing more severe fines for Carlos. How stupid one has to be? Carlos had an interview explaining his experience in prison and it is truly heartbreaking. Shame on the false accuser, shame on the university and shame on the people judging from their laptop while having a hot chocolate. Idiots.
Alvaro • Oct 5, 2020 at 3:18 pm
Im so sorry for what Carlos went through. His life is ruined by these false accusations.
Pepe Pérez • Oct 5, 2020 at 5:45 am
Finally he was released, it was proved that it was a false accusation as the video from the bar was seen and proved nothing happened. Welcome to the USA, where a woman can send you to prison with no proof and you have to prove your innocence. The university gave him the sack for ever, even though he was proved to be innocent, which shows to what university you should never ever step in, a university where if your are Spanish you are discriminated. For you americans, Spain enabled USA’s independecy from England, and is in Europe. Americans, so sick mental folks… I crack myself up with that Loyola university, you are a bunch of redneck bragging about your own ignorance, bumpkins…
Victoria • Oct 5, 2020 at 2:25 am
The system is crazy: Ignoring the presumption of innovence and terribly marking Carlos’ life because of a false statement of some college girl. I hope she pays her consecuences. This has been a traumatic experience for Carlos. This corrobated that I have absolutely no faith in the American penal system.
Ellen Byron • Jan 29, 2020 at 8:48 am
I am outraged and appalled by this! I stand with this student, and have already written a scathing letter to the DA’s office. What kind of corruption is going on here?! Who got bought off? Because that is the only reason I can think of that would explain this despicable action.