Affidavit: Broncos Cox Fathered Baby In Sexual Assault
Demaryius Thomas, Perrish Cox, Cassius Vaughn Were All In Apartment, Affidavit Says
POSTED: 1:27 pm MDT July 22, 2011
UPDATED: 11:28 pm MDT July 22, 2011
DOUGLAS COUNTY, Colo. -- DNA tests show Denver Broncos cornerback Perrish Cox impregnated a woman that he said he didn't have sex with and two other Denver Broncos were present during the night she was raped, according to an arrest affidavit released Friday.
The affidavit details the alleged sexual assault of a woman on Sept. 6, 2010 in Lone Tree and the events afterward.
The affidavit said the woman and a girlfriend went to Club Beta in Denver for what was a called a "white party." Everyone was dressed in white to celebrate Labor Day.
The woman told police Broncos wide receiver Demaryius Thomas and his friends arrived after midnight and invited her and her friends into the VIP room. She told police that after four drinks she was buzzed, even though she's a social drinker and that normally doesn't happen to her.
The victim told police she left the club with Thomas, Cox and her girlfriend. The victim told police Cox and her girlfriend were dating. Cox lives with another Bronco, defensive back Cassius Vaughn, the alleged victim didn't know he was in the apartment until the next morning.
The woman told detectives that at Cox's apartment, she remembered kissing and making out with Thomas in the living room, but that she passed out, according the arrest warrant.
The woman told police that when she woke up hours later on the air mattress in the living room, she felt like she had sex, but didn't remember anything. The woman told police she asked Thomas if anything happened in a text message and he replied, "No, you passed out and I went home."
The woman said she spent the day with her girlfriend, Cox and Vaughn, because she didn't have her car to drive home.
She said she felt weird, a little disoriented and had a headache, according to the arrest warrant. The woman told police her girlfriend also said she didn't feel well, had a bad headache and felt hung over.
The woman told police that Vaughn and Cox told her and her friend several times that they needed to take a shower and that Vaughn and Cox were "weird about it," according to the arrest warrant.
Woman Visits Hospital, Asks About Drug Test
The next day, the woman told police that she still felt like she was sexually assaulted and called the hospital to ask about a drug test. The hospital told the woman they couldn't do a chemical test because it had been more than 24 hours and any date-rape drug would not be in her system anymore, according to the arrest warrant.
When she asked about a sexual assault examination, she was told it would be $500 plus the $300 ER visit and other fees if she didn't make a police report, the arrest warrant said. The woman told police she didn't know what to do because she didn't want to falsely accuse someone of raping her and "didn't want to believe that people she considered friends would take advantage of her," according to the affidavit.
However, she was working as a waitress and couldn't afford the sex assault examination, she said.
"She knows that these allegations are serious and due to (Thomas)' social status, she really wanted to be sure before making a report," the affidavit said.
Pregnancy Test Prompts Woman To Report Assault To Police
After exchanging some texts over several weeks, the woman went out again with Cox, Thomas and her girlfriend in October, but got upset after Thomas was talking behind her back to Cox saying "she looks like she's put on some weight, she must be pregnant," the arrest warrant said.
The woman told police that two days later, on Oct. 24, she got two home pregnancy tests: one was inconclusive, the other was positive.
The woman told detectives that the next day she took two more home pregnancy tests and they were both positive.
A clinic and an ultrasound confirmed her date of conception was around September 3-4, plus or minus a few days, the arrest warrant said. The "white party" was on Sept. 5.
The woman told the detective that she had sexual intercourse with her current boyfriend, another Broncos player, Wesley Woodyard, but that was in late September. She also said she had not had sex between July 4 and Sept. 22, and thought the clinic must be wrong about the date of conception. However, the doctor confirmed to her that the date of conception was definitely the first week of September.
When she found out she was pregnant that's when she decided to go to police, the arrest warrant said.
Woman Calls Thomas, Cox and Vaughn
On Nov. 8, Lone Tree police had the woman call Thomas, Cox and Vaughn while officers listened, according to the arrest warrant.
The warrant said all three men stated they did not have sex with her and that she was too drunk and passed out.
When the woman asked Cox, "So you for a fact did not have sex with me?" He replied several times "HELL NO," the arrest warrant said.
DNA Tests Confirmed Cox Impregnated Victim
DNA tests were conducted on the fetus.
Thomas and Vaughn gave DNA samples and were excluded, the arrest warrant said.
Cox refused to give a DNA sample, the arrest warrant said. It was finally taken at Broncos headquarters after police got a warrant.
CBI tests showed Cox was the biological father of the baby, the arrest warrant said.
When detectives told the woman who had fathered her baby, the woman was stunned speechless, the affidavit said.
"She was shocked that it was not Thomas. And upset that it could have been Cox or Vaughn ... (She) could barely talk. She was crying and in shock," the affidavit said.
It's not clear if the woman had the baby.