Police report: Brendan Gibbons’ Statement
GIBBONS stated he got back to his dorm around 4:00 p.m., was "chilling" with his hall mates, and started sending text messages to her. He stated he sent to her, "What's up?" He stated he believed it was 7:00, possibly 6:00 p.m., but he was not sure. I asked what she responded, and he said, "Yo." He stated he was asking her what she was doing, and she said "nothing."
GIBBONS stated he ended up with his friend, TAYLOR (LEWAN), going to the same frat house as Thursday night. He stated he believed he got there around 10:30 p.m., but he was not sure. He stated he was not drinking beforehand, but had a couple of beers. He stated they were playing music, ------- came up to him, and it was a little later in the party. He stated they started talking, and she started accusing him of "getting with some girl." I asked who, and he stated, "SHANNON." He stated SHANNON was also there. He stated ------- said she had heard a rumor. He stated he walked away, she came back up, and he was getting annoyed by her, so he walked away.
GIBBONS continued by stating ------- would come up, she would talk a little bit, and he stated, "Then we would hook up." I asked what he meant, and he stated, "Making out." He stated they were then sitting on the couch, and she was grabbing his bicep. GIBBONS stated he asked her if she wanted to go upstairs, so they went upstairs. I asked GIBBONS why he asked her to go upstairs, and he stated, "Just to have a good time. I didn't know this was going to happen." I stated to him, "You asked her, and she said..." GIBBONS responded, "Okay."
GIBBONS stated they started making out, they were first in the bathroom, and he had opened the door to the bathroom. He stated they walked in and were making out. He stated they were there for a couple of minutes. I asked him if they were grabbing or touching one another, and he stated he was fingering her. I asked what he meant, and he indicated he had inserted his finger into her vagina. He then stated, "We left. We went to that room." He stated they were "making out" outside the room, he opened the door, and they went in. I said, "Then what happened?"
GIBBONS stated, "We started having sex." I asked him about taking clothes off, and he stated they kept their clothes on. He stated, "Then she gave me head during it." I asked if he could describe in detail what was the first thing that happened
Inside the room. GIBBONS stated they started kissing, they were on the bed, and he stated pulling down her pants. He stated she was wearing spandex, and he calls them sliders, referring to the terminology back home in Florida. He stated they were not all the way off. I asked GIBBONS if there was any touching or anything else occurring before intercourse, and he stated, "I just went in." He stated he pulled his pants halfway off, and that lasted for a couple of minutes. He then stated, "Then she gave me head."
I asked GIBBONS what caused that to happen or what was happening at that moment. He stated they were talking, and she said to him, "You wouldn't treat me right if we were going out." I asked what he meant, and he stated she meant, "Like not faithful." He stated he believed he said something about "how would you know that," and she responded something like, "People talk." He stated she made reference to breaking up with her boyfriend, and he said to her, "I know." I asked how he knew, and he stated she told him, possibly a couple of weeks ago.
I asked GIBBONS when the oral sex occurred in reference to the intercourse and when they were talking. He stated it was during or after they were talking. I asked if he had moved up toward her or if she moved down toward him, and he stated, "She came down to me." I asked how long the oral sex lasted, and he stated, "Maybe a minute." I asked him if it just happened or if he had asked her, and he stated, "I said, could you?" She then stated, "Okay." He then stated, "We were done, it just stopped, and everything was fine." He stated, "We walked down together." He stated he then talked to his friend, and now he ended up here. I asked who he had talked to, and he stated TAYLOR.
I informed GIBBONS the officer said it had gone back and forth (intercourse and oral), and GIBBONS responded by saying, "Didn't I say? Sorry about that."
GIBBONS stated he asked her to "give him head." He stated he was back in her again. He stated, "Then I busted." He stated, "I didn't bust inside her." He then stated, "Then we were done." I asked GIBBONS where he had ejaculated, and he stated, "On her, right here I guess," pointing to an area on her stomach. He stated he did not want to "bust inside her." I asked why, and he stated he did not want a baby, and stated she didn't either. I asked if he had ever used a condom last night, and he stated he did not. I asked if they talked about it beforehand, and he stated, "No." I asked if she ever said she was using birth control, and he stated that she did not.
I asked GIBBONS how much he had to drink tonight, and he stated more than a few beers. I asked if he had anything else, and he stated no. I asked about -------, and he stated she said she was drunk. He then stated, "She told me she was wasted." I asked how he would know that, and he stated, "She told me." I asked about her ability to walk, and he stated, "She was fine." I asked if she was with other people last night, and he stated, "She came up to me by herself."
I asked GIBBONS if ------- every indicated to him it was hurting her, or to slow down, or to stop. He stated she never said stop. He stated at the end she said, "I don't know why we did this." He then stated, "But she was cool, not crying." He stated they walked downstairs together, and that everything was all right. GIBBONS stated that once downstairs, he went to say "hi" to his friend, and does not know where she went. He stated he then got a phone call from his roommate, saying that some guy said he tried to rape her. He stated that it was 45 minutes to an hour after they were together, and he got the phone call as he was getting ready to leave. He stated, "And now I'm here."
I asked GIBBONS why he thinks she would say that, referring to having been raped. He stated, "No idea." I asked what was the worst thing he thought he had done tonight, and he stated, "I guess this." He stated his whole life will probably get ruined, and that the girl always wins. He then stated, "I know I didn't do anything."
I asked how many times oral sex had occurred during their contact with one another, and he stated, "Twice." I asked what was happening before he ejaculated, if it was oral or intercourse. He stated it was sex. He then added on his own, "She never asked to stop. We were both into it."
GIBBONS continued by stating that ------- said, "Wouldn't you rather be with SHANNON?" I asked when she had said that, and he stated she kept bringing it up while they were together, while having intercourse. I asked why she kept bring it up, and he stated, "Jealousy reasons. You know what I mean?"
I asked GIBBONS about the possibility of taking a polygraph test to help verify what he was saying. He said he would be willing to take a polygraph test. I asked if he ever held her on the bed, and he stated he did not hold her on the bed and did not force himself inside her. I informed him questions would consist of whether he had ever forced her to have sex, did she ever say no, and if he had told the complete truth. He stated he would be willing to take a test with those questions.
GIBBONS then stated, "Can I be done talking?" He continued by stating, "I wish my mom and dad were here. I'm not going to lie." GIBBONS continued without prompting asking, "Will I be able to play football here next year?" I stated to him, "Well, what's the truth?" He then stated, "What I told you." I informed him that if it was the truth, he could probably play football.
GIBBONS stated he got back to his dorm around 4:00 p.m., was "chilling" with his hall mates, and started sending text messages to her. He stated he sent to her, "What's up?" He stated he believed it was 7:00, possibly 6:00 p.m., but he was not sure. I asked what she responded, and he said, "Yo." He stated he was asking her what she was doing, and she said "nothing."
GIBBONS stated he ended up with his friend, TAYLOR (LEWAN), going to the same frat house as Thursday night. He stated he believed he got there around 10:30 p.m., but he was not sure. He stated he was not drinking beforehand, but had a couple of beers. He stated they were playing music, ------- came up to him, and it was a little later in the party. He stated they started talking, and she started accusing him of "getting with some girl." I asked who, and he stated, "SHANNON." He stated SHANNON was also there. He stated ------- said she had heard a rumor. He stated he walked away, she came back up, and he was getting annoyed by her, so he walked away.
GIBBONS continued by stating ------- would come up, she would talk a little bit, and he stated, "Then we would hook up." I asked what he meant, and he stated, "Making out." He stated they were then sitting on the couch, and she was grabbing his bicep. GIBBONS stated he asked her if she wanted to go upstairs, so they went upstairs. I asked GIBBONS why he asked her to go upstairs, and he stated, "Just to have a good time. I didn't know this was going to happen." I stated to him, "You asked her, and she said..." GIBBONS responded, "Okay."
GIBBONS stated they started making out, they were first in the bathroom, and he had opened the door to the bathroom. He stated they walked in and were making out. He stated they were there for a couple of minutes. I asked him if they were grabbing or touching one another, and he stated he was fingering her. I asked what he meant, and he indicated he had inserted his finger into her vagina. He then stated, "We left. We went to that room." He stated they were "making out" outside the room, he opened the door, and they went in. I said, "Then what happened?"
GIBBONS stated, "We started having sex." I asked him about taking clothes off, and he stated they kept their clothes on. He stated, "Then she gave me head during it." I asked if he could describe in detail what was the first thing that happened
Inside the room. GIBBONS stated they started kissing, they were on the bed, and he stated pulling down her pants. He stated she was wearing spandex, and he calls them sliders, referring to the terminology back home in Florida. He stated they were not all the way off. I asked GIBBONS if there was any touching or anything else occurring before intercourse, and he stated, "I just went in." He stated he pulled his pants halfway off, and that lasted for a couple of minutes. He then stated, "Then she gave me head."
I asked GIBBONS what caused that to happen or what was happening at that moment. He stated they were talking, and she said to him, "You wouldn't treat me right if we were going out." I asked what he meant, and he stated she meant, "Like not faithful." He stated he believed he said something about "how would you know that," and she responded something like, "People talk." He stated she made reference to breaking up with her boyfriend, and he said to her, "I know." I asked how he knew, and he stated she told him, possibly a couple of weeks ago.
I asked GIBBONS when the oral sex occurred in reference to the intercourse and when they were talking. He stated it was during or after they were talking. I asked if he had moved up toward her or if she moved down toward him, and he stated, "She came down to me." I asked how long the oral sex lasted, and he stated, "Maybe a minute." I asked him if it just happened or if he had asked her, and he stated, "I said, could you?" She then stated, "Okay." He then stated, "We were done, it just stopped, and everything was fine." He stated, "We walked down together." He stated he then talked to his friend, and now he ended up here. I asked who he had talked to, and he stated TAYLOR.
I informed GIBBONS the officer said it had gone back and forth (intercourse and oral), and GIBBONS responded by saying, "Didn't I say? Sorry about that."
GIBBONS stated he asked her to "give him head." He stated he was back in her again. He stated, "Then I busted." He stated, "I didn't bust inside her." He then stated, "Then we were done." I asked GIBBONS where he had ejaculated, and he stated, "On her, right here I guess," pointing to an area on her stomach. He stated he did not want to "bust inside her." I asked why, and he stated he did not want a baby, and stated she didn't either. I asked if he had ever used a condom last night, and he stated he did not. I asked if they talked about it beforehand, and he stated, "No." I asked if she ever said she was using birth control, and he stated that she did not.
I asked GIBBONS how much he had to drink tonight, and he stated more than a few beers. I asked if he had anything else, and he stated no. I asked about -------, and he stated she said she was drunk. He then stated, "She told me she was wasted." I asked how he would know that, and he stated, "She told me." I asked about her ability to walk, and he stated, "She was fine." I asked if she was with other people last night, and he stated, "She came up to me by herself."
I asked GIBBONS if ------- every indicated to him it was hurting her, or to slow down, or to stop. He stated she never said stop. He stated at the end she said, "I don't know why we did this." He then stated, "But she was cool, not crying." He stated they walked downstairs together, and that everything was all right. GIBBONS stated that once downstairs, he went to say "hi" to his friend, and does not know where she went. He stated he then got a phone call from his roommate, saying that some guy said he tried to rape her. He stated that it was 45 minutes to an hour after they were together, and he got the phone call as he was getting ready to leave. He stated, "And now I'm here."
I asked GIBBONS why he thinks she would say that, referring to having been raped. He stated, "No idea." I asked what was the worst thing he thought he had done tonight, and he stated, "I guess this." He stated his whole life will probably get ruined, and that the girl always wins. He then stated, "I know I didn't do anything."
I asked how many times oral sex had occurred during their contact with one another, and he stated, "Twice." I asked what was happening before he ejaculated, if it was oral or intercourse. He stated it was sex. He then added on his own, "She never asked to stop. We were both into it."
GIBBONS continued by stating that ------- said, "Wouldn't you rather be with SHANNON?" I asked when she had said that, and he stated she kept bringing it up while they were together, while having intercourse. I asked why she kept bring it up, and he stated, "Jealousy reasons. You know what I mean?"
I asked GIBBONS about the possibility of taking a polygraph test to help verify what he was saying. He said he would be willing to take a polygraph test. I asked if he ever held her on the bed, and he stated he did not hold her on the bed and did not force himself inside her. I informed him questions would consist of whether he had ever forced her to have sex, did she ever say no, and if he had told the complete truth. He stated he would be willing to take a test with those questions.
GIBBONS then stated, "Can I be done talking?" He continued by stating, "I wish my mom and dad were here. I'm not going to lie." GIBBONS continued without prompting asking, "Will I be able to play football here next year?" I stated to him, "Well, what's the truth?" He then stated, "What I told you." I informed him that if it was the truth, he could probably play football.