Dallas police no longer pursuing criminal case against Dallas Cowboys QB Dak Prescott

Kevin Jairaj/Kevin Jairaj-USA TODAY Sports

The Dallas police department is no longer pursuing alleged sexual assault claims against Dallas Cowboys quarterback Dak Prescott due to the lack of evidence.

Per Dallas police spokesman Kristin Lowman, “An investigation was conducted and the case is closed ... Detectives determined there was insufficient evidence an offense was committed.”

Prescott’s attorney Levi McCathern was obviously pleased with the outcome.

“I want to thank the Dallas Police Department and Dallas County District Attorneys’ office for their thorough investigation of the allegations against Dak Prescott,” McCathern said in a statement. “As we knew they would, they found nothing in their extensive exploration of the facts that would support a criminal prosecution.”

Attorney Yohel Zehaie, who represents the Victoria Shores of Fort Worth, said it was an expected outcome.

But he is not deterred.

“Unfortunately, it takes a while for victims to come out and that can make it very difficult to prosecute these cases,” Zehaie said in an email to The Star-Telegram. “We thank DPD for their efforts and this is in no way an exoneration of Mr. Prescott.

“In fact, we believe that the investigation showed there were inconsistencies with Mr. Prescott’s story and are moving forward with the counterclaims we have filed. This is not the beginning of the end but the end of the beginning in what will be a long legal battle for months to come.”

Prescott has denied the allegations and voluntarily cooperated with Dallas police investigation which began after a complainant filed a report on March 12 about an alleged incident that occurred on February 2, 2017, in the 8500 block of Stemmons Freeway in the parking of lot of XTC Cabaret, per the department.

It was Prescott who brought the incident to light a week earlier in March when filed an civil suit in Collin County against Shores and her attorneys for extortion. He said they asked for $100 million to not report the allegations to police.

Zehaie filed a countersuit in Dallas County.

Last month, he dropped the lawsuit in Dallas County and refiled it in Collin County so it could be in the same court as Prescott’s suit.

And last Monday, Zehaie filled a motion to have Prescott’s suit dismissed because “we believe [Prescott’s filing] was meant to silence his sexual assault victim” and “is in violation of Texas’s Anti Slapp Statute” which prohibits different forms of retaliatory lawsuits.

He also continued a war of words with Prescott’s attorney Levi McCathern.

“We are seeking severe monetary sanctions for that as well,” Zehaie said. “Levi McCathern has a history of calling every woman who sues his client an extortionist. We are not going to allow his law firm’s assault on women to continue any longer.”

Police in Prosper have indicated they are investigating claims extortion against Prescott.

McCathern said their point of view has been clear from the outset.

“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,” McCathern said. “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 7 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.”

Prescott has committed to donating any and all recovery obtained as a result of this lawsuit to the Joyful Heart Foundation, whose vision is a world free of sexual assault, domestic violence and child abuse.

“I know the truth,” Prescott said recently. “I’m confident in what we filed. I know some things have changed and their sense and where they filed, but that doesn’t have any weighing on what we’re doing and how we’re going about our lawsuit.”

The allegations and lawsuit have arisen during a time when Prescott is working on long-term contract extension with the Cowboys.

Owner Jerry Jones said March that the Cowboys remain in strong support of their quarterback and he said the situation will have no bearing on his future with the team, nor their impending decisions on a possible contract extension.

“We expected to it and we are very knowledgeable to the legal aspects very well,” Jones said. “But not uncomfortable in any way. I can say that we’re just very aware of the details and we’re comfortable.”

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