New video leads to case dismissal in alleged gang rape
Prosecutors on Tuesday dismissed a rape case against an 18-year-old man after a newly obtained video showed the alleged victim apparently granted consent, contradicting her earlier claims of a violent gang rape.
Because he was 16 at the time, nothing in Colorado law would have prevented Uves Dequan Williams from having sex with a 13-year-old girl, provided she was a willing participant, prosecutor Christina Perroni said at a brief hearing.
Perroni said dismissing the case was “ethical and just” under the circumstances, even if prosecutors do not condone his actions.
Fourth Judicial District Judge G. David Miller granted the dismissal, ending the more than yearlong case against the youngest of six males linked to the alleged sexual assault, which the girl said happened in December 2016 at an apartment complex on the city’s east side.
Tuesday’s announcement marked the first sign of fallout related to the explosive new evidence, which The Gazette disclosed in an exclusive report Sunday.
Of the five other males charged in the case, one is seeking a new trial based on the new evidence. Four others took plea deals and received probation. All were adults at the time, meaning that unlike Uves Williams, any sexual activity between them and the girl would be criminal.
Although it has only fleeting images, the six-minute recording captures the girl’s voice as she “appears to be laughing and giggling and engaging in consensual sexual acts,” rather than being pinned to a bed and gang raped, as she has alleged to police and in court testimony, according to a court filing.
The video was described in a petition for a retrial filed Friday by Jacolby Hasan Williams, who faces the potential of life in prison after a jury convicted him in May of forcibly raping the girl.
If Williams had been convicted only on charges of violating age-of-consent laws, he likely would be eligible for probation.
He faces at least 16 years and up to life in prison, assuming his attorneys do not win their bid for a new trial.
Tuesday, Jacolby Williams’ attorneys were granted an Aug. 17 hearing for the request to set aside his verdicts.
Under Colorado law, the defense must establish that the case’s outcome would “probably” be different had the jury known of the tape.
If the request for a new trial is denied, the video likely would play a central role in attempts to appeal Jacolby Williams’ convictions, experts say.
According to Perroni, the video was found on Uves Williams’ phone this month after Colorado Springs police managed to bypass his password using newly obtained technology. She said authorities collected the phone for evidence after Uves Williams’ arrest and were aware of “rumors” that it contained a video, but the teen’s attorneys would not provide the password to unlock it.
During a news conference called by the District Attorney’s Office on Tuesday, District Attorney Dan May declined to discuss the case, except to blame media outlets for “sensationalizing” the rape allegations in a way that “endangered” lives.
“This is a case that, in particular, has had a rush to judgment,” May said. He didn’t go into detail, but the case led to increased security for 4th District Judge Michael McHenry and his staff in the wake of threatening phone calls left on the court’s voicemail.
The callers were upset by news coverage of what they considered lenient plea deals for two other men charged in the case, McHenry said at a hearing in the case. The judge traced the complaints to an April 4 story in The Gazette quoting family members critical of the plea deals.
Perroni said authorities believe the video shows the entirety of the interaction between Uves Williams and the girl – but that prosecutors do not believe it absolves the others tied to the assault because the girl was too young to engage in sex with them.





