Police: Prescott won’t be charged in assault claim

Todd Archer, ESPN Staff WriterMay 2, 2024, 08:37 PM ET
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Dallas police will not pursue sexual assault charges against Cowboys quarterback Dak Prescott, with a police spokesperson saying Thursday that detectives determined there was insufficient evidence an offense was committed.

The case stemmed from an alleged incident that occurred in 2017 in which a woman said Prescott assaulted her in the back of an SUV in a strip club parking lot.

In March, Prescott filed a suit seeking monetary relief in excess of $1 million after receiving a letter in January from attorneys Bethel and Yoel Zehaie on behalf of the woman stating they would “forego pursuing criminal charges, along with disclosing this information to the public, in exchange for compensating her for the mental anguish she has suffered. [The woman’s] damages are valued at the sum of $100,000,000.00.”

The woman filed a countersuit and criminal charges after Prescott’s initial filing.

“I want to thank the Dallas Police Department and Dallas County District Attorneys’ office for their thorough investigation of the allegations against Dak Prescott,” attorney Levi McCathern said. “As we knew they would, they found nothing in their extensive exploration of the facts that would support a criminal prosecution. We are confident that at the end of law enforcement’s investigation into the extortion case that they will find the accuser and her attorneys just as guilty as Dak is innocent.

“As I have said from the beginning, Dak is a great football player and an even better human. He would never assault any woman. These false accusations were brought up seven years after the alleged events for one reason and one reason only — to line the pockets of the accuser and her attorneys. Their behavior is an affront to all the true survivors of sexual assault.”

Yoel Zehaie released a statement in response to police not pursuing the charges noting that it unfortunately “takes a while for victims to come out and that makes it very difficult to prosecute these cases.”

He added that he and Bethel Zehaie vow to continue their legal fight on behalf of their client.

“We are proceeding with our counterclaims, even though Levi McCathern is using every tactic to prevent us from going to court, including attempting to order the law enforcement of the Dallas Cowboys against us, i.e. Prosper [Police], to come after us,” the statement said.

On Monday, the woman’s attorneys filed a notice to dismiss Prescott’s suit because it violated Texas’ anti-SLAPP statute. In an email, Yoel Zehaie said the statute prohibits many forms of retaliatory lawsuits, including ones meant to silence sexual assault victims.

“We are in the process of setting it for a hearing, and are also still moving forward with the counterclaims,” Yoel Zehaie wrote in the email. “One of the cases we are citing is one that Dak’s law firm has successfully argued and won. If we are successful, Dak could face severe monetary sanctions.”

McCathern said the Zehaies have “misrepresented the relevant facts and misconstrued the law as it applies to them,” adding that they intend to file claims against the defendants for malicious prosecution.

Last month, the woman’s lawsuit was dropped in Dallas County and moved to Collin County because Prescott’s initial suit seeking damages was brought in that county.