Ex-UTEP player acquitted of sexual assault

A jury found a former UTEP football player not guilty of sexual assault Thursday morning.

David Hamm, 21, was accused of raping a woman at Miner Village in May 2015, although court documents show charges weren’t filed until October of that year.

The former UTEP running back was arrested in Louisiana in November 2015; he had transferred to McNeese State at time and was extradited back to El Paso.

During the trial, the prosecution called several witnesses to the stand Tuesday morning, among them the roommate of the accuser.

The roommate testified Tuesday that Hamm’s accuser told her she kissed Hamm and even took off her clothes, but did not consent to sex.

Wearing a white shirt and black tie, Hamm looked at his attorneys and wrote in a notebook and he listened to the prosecution’s witness.

Prosecutors also called registered nurse Diane Dale to the stand. Prosecutors had her explain the rape kit she filled out and the samples she took. Dale finished her testimony by stating the rape kit had not been tested by any law enforcement agencies.

On Wednesday, the defense showed jurors Instagram messages Hamm’s accuser had exchanged with him.

In one exchange, Hamm wrote “are you looking for anything serious or just a close friend with benefits?” The victim responded, “I’m not really the friends with benefits kind of girl. I just kind a go with the flow.”

Later that day, Hamm’s face his accuserm who at times she began crying during her time on the stand.

She told the jury how she went to a party at Miner Village on May 8, 2015. She said she drank five shots of alcohol, mixed drinks, and wine coolers. She said she then left the party, walking over to Hamm’s dorm room where he was with several friends.

She testified Hamm led her to his room, where they kissed and she took off her clothes.

The defense attorney asked her, “Why didn’t you just say you didn’t want to have sex?” She responded by saying “I stated how I felt. Nothing changed.”

The defense then asked her if she was threatened or felt threatened. She responded, “I didn’t feel threatened in any way.”

She then was asked if she resisted in anyway, to which she answered “I froze. I didn’t know what to do.”

Hamm, who was dismissed from the UTEP football team in the 2015 off-season, played 11 games for UTEP as a reserve running back.