UCF student accused of rape at party says he is ‘100 % innocent'

Suspect in alleged gang-rape at UCF bonds out of jail


ORLANDO, Fla. – The second University of Central Florida student charged in connection with a rape investigation at an unofficial party held by a fraternity Friday has bonded out of jail.

UCF student David Kirk, 20, walked out of the Orange County Jail Wednesday after posting his $5,000 bond.

"I'm 100% innocent of these charges and I know the truth will prevail," Kirk said.

Kirk then walked to a parked car outside of the jail in silence, dodging our cameras and further questions. 

[PREVIOUS: UCF suspends frat after woman says she was gang-raped at party, deputies say]

According to the affidavit, the victim told deputies she woke up to Kirk and 26-year-old Jack Smith, both UCF students, raping her at the off-campus party. The victim said she blacked out from drinking vodka. 

Deputies said the party was held at a nearby house where some members of Alpha Tau Omega live, but it's not the fraternity’s official house. 

The ATO CEO told News 6 the party was not an ATO sanctioned party. He said Kirk was expelled from ATO’s chapter at UCF back in January, but won’t say why. He said Smith was never a member. 

At Smith's first appearance over the weekend, he broke down when the judge told him what he could face if convicted. "I've never done anything wrong in my life." Smith said.

As for Kirk, his attorney said in court that witness accounts may help corroborate Kirk's innocence.

"I have numerous witnesses, no less than 5 witnesses, and the deputy didn’t want to consider any of it, didn’t want to hear any of it," Kirk's lawyer said. "There’s not a single piece of physical evidence or there’s not a single supporting witness."

We have reached out to the Orange County Sheriff's Office for the latest on the investigation. 

UCF has suspended ATO’s chapter there for disruptive conduct and alcohol-related misconduct. 

Students at the University of Central Florida wore denim Wednesday to support the survivors of sexual assault. A university spokesperson told News 6 they had already planned the event as part of the international awareness campaign. 

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