Jury: Former Rapid City Marshals football player not guilty of rape
A former Rapid City Marshals football player charged with rape was found not guilty Thursday evening by a 10-man, two-woman Pennington County Jury.
Dlron Simmons, who moved from Pennsylvania to Rapid City to play for the Marshals, had been charged with second-degree rape. His trial lasted from Monday to Thursday.
The state had alleged Simmons raped a woman in her hotel room March 2, 2022 after the two met up that evening after messaging on Tinder for a couple days.
The alleged victim had taken the stand Wednesday to recount her version of a violent sexual encounter she adamantly tried to stop.
But Simmons took the stand Thursday morning in his own defense to say the evening had been consensual and he was innocent of raping the woman.
Both people testified the night began consensually but the two diverged once they reached the hotel room. Simmons said she invited him up, whereas her testimony was that he was persistent about coming up to her room.
Simmons testified the two got into the room, she laid on the bed, and he sat on the bed. At that point, he asked if he could take his shirt off.
Simmons said the two made out and he digitally penetrated her consensually multiple times.
Simmons’ explained DNA evidence by pointing to the consensual activity adding he used saliva as lubricant.
The story differed from what Simmons said in a recorded interview with Rapid City Police Department Sgt. Spenser Braun, who was a detective at the time.
The state played the approximately hourlong video during the trial. In the video, Simmons denied any sort of sexual contact outside of kissing and hickies. Photos of the woman’s body showed bruising and what appeared to be bite marks.
At another point in the interview, he told Braun he could have confused some details with another woman. However, he was adamant he did not have sexual contact outside of making out.
About an hour after the interview, Simmons called the detective to correct his mistake, he testified. He said he had gotten her mixed up with another sexual partner, and they did have sexual contact.
“I was getting completely confused,” Simmons said.
The defense honed in on that phone call, which Braun did not record or document. While on the stand, Braun said he had forgotten about the phone call until the defense reminded him of it.
“You saw Det. Braun. He didn’t really care,” said Elizabeth Regalado, Simmons’ defense attorney told the jury during closing arguments.
Braun left a third conversation with Simmons out of his reports. He spoke with Simmons while collecting his DNA. The conversation was recorded and played during trial, but the defense highlighted its absence from reports and Braun’s grand jury testimony.
In the recording, Simmons admits there was sexual activity, but he reiterated it was consensual.
Regalado told the jury her client has been consistent throughout his statements that interactions with the woman were consensual, even though he initially confused some of the sexual details.
“He admits to you he made a mistake in his first interview,” Regalado said.
She told the jury the state and law enforcement expected Simmons to be perfect, whereas inconsistencies from the woman were downplayed.
Braun said on the stand he considered the first interview with Simmons the most credible. He also said under questioning from the defense it’s not uncommon for more or different details to come from multiple conversations with a victim.
The jury deliberated for just over seven hours.
This article originally appeared on Sioux Falls Argus Leader: Jury: Former Rapid City Marshals football player not guilty of rape
