BUTTE, Mont. — Prosecutors have charged Kyrin Allen, a star defensive back for the University of Montana Western football team, with felony sexual assault for allegedly having sex with a woman in Dillon without her consent.
Beaverhead County Attorney Jed Fitch filed the charge Thursday. It carries a maximum penalty of life in prison or a term of up to 20 years.
Jill Gannon-Nagle, a Dillon attorney representing Allen, said Friday morning that he would plead not guilty but she could not comment further on the case.
Allen was arrested Nov. 2 and later bonded out. The university suspended him indefinitely from all athletic activities pending an outcome of the investigation.
According to prosecutors, a woman told police that she had been at a friend’s house in Dillon for a “house party” on Oct. 27, took a small amount of the drug “molly” and drank seven or eight Twisted Tea alcoholic drinks. Molly, or ecstasy, is a drug that produces feelings of increased energy, pleasure, emotional warmth and distorted sensory and time perception.
The woman said she and her friends went to the Metlen Hotel Bar in Dillon around 12:30 a.m. that morning, now Oct. 28, where she had a couple of shots of alcohol. The last thing she remembers there was talking to her roommate.
She said the next thing she remembered was waking up in her bed to the feeling of someone’s fingers penetrating her private parts. She was scared and pretended to be asleep and the man had sex with her for several minutes without her consent, she told police.
She recognized the man as Allen, and after the assault, she put on her boots and a robe and ran to a neighbor’s residence about a half-block away. She then went to Barrett Hospital, where a sexual-assault examination found a small laceration in her vagina.
That morning, according to charging documents, she sent Allen a text telling him to leave her residence. He texted back, “sorry for what ever happened last night, I wasn’t intending on ending up with you, so I’m sorry.”
The next day, Oct. 29, he sent another text stating:
“Hey, do you have any weed? You know (her name) I’m just trying to be civil bout all this (expletive). I get you are mad and (expletive) quite honestly I aint happy bout this (expletive) either but ignoring one another wont sort this (expletive) out.
“I asked if you had any weed because I was going to offer to buy your next sack as an extension of my apology. Not because I am pretending that (expletive) aint happen. I hope you had a good day. And I wish you the best for the rest of it.”
The woman told police she never consented to sexual intercourse and always felt that, if in this situation, she would be able to fight off her attacker. But she said she was scared and afraid during the assault.
A Dillon police officer questioned Allen about the incident at the police station on Nov. 2, prosecutors said.
He said he and the woman became friends last year when they were both freshmen at the university and their groups of friends hung out together. Allen said on Oct. 27, the UM Western football team had lost in Billings and when he got back to Dillon, he went to a party and drank half a bottle of vodka.
He said he did not use the drug Molly but went to the Metlen Bar and consumed a few Twisted Tea alcoholic drinks. At closing time, he said walked the woman home to her residence in Dillon.
Once inside, he said, he helped the woman out of a costume, exposing her breasts, and the two laid down on a bed. He said he remembered placing his fingers on her private parts and then having sex and that “It was not a good memory.”
He said he was extremely intoxicated and does not usually consume that much alcohol. When asked about the sexual intercourse, he said he did not remember a lot about it, other than the woman being on top of him at one point.
The officer told Allen that he had spoken with the woman previously and she said she never consented to sex.
In a statement, UM Western Chancellor Beth Weatherby said, “Though I cannot speak for any of the parties in the legal proceedings, I can and will state firmly that UM Western’s highest priority is for student safety and wellness. We are fully committed to ensuring the safety of all members of the university community and holding all members of the community accountable for an appropriate and excellent educational experience at UMW.”