• 'I'm 100% innocent,' says UCF student accused of raping woman at frat party

    By: Karla Ray , Samantha Manning , Elyna Niles-Carnes


    Story Highlights

    • Editor's note: Some viewers may find details of this report disturbing

    ORANGE COUNTY, Fla. - Update: David Kirk, a UCF student accused of raping a woman at an off-campus fraternity party, has walked out of the Orange County Jail.

    He told Channel 9's Karla Ray that he is 100 percent innocent after he posted his $5,000 bail and walked out of the jail.

    Watch below: David Kirk walks out of jail

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    A fraternity at the University of Central Florida has been placed on interim suspension following reports two men gang-raped a woman, Orange County deputies said.

    The woman told investigators she and her friends went to a house party at 4915 Fiske Circle on April 20.

    The home is known to host parties for the Alpha Tau Omega fraternity, deputies said.

    Read: 9 Investigates: UCF will not hold hearing against accused rapist

    The woman told investigators that she drank vodka before the party and had three green apple-flavored shaved ice with vodkas once she got to the house party, deputies said.

    The woman said she mainly sat by the fire pit in the backyard with her friends and others she met at the party when she began talking to Jack Ryan Smith and David Kirk, deputies said.

    The woman said she became intoxicated and remembers only “snapshots” of the evening.

    She passed out and woke up in the bedroom to Smith, 20, of Winter Springs, and Kirk, 20, gang-raping her, the woman told investigators.

    *Editor's note: Smith is 20 years old, not 26 years old as previously released by the Orange County Sheriff's Office.

    The woman said she never consented to sexual intercourse.

    Read: 9 Investigates sex assaults on UCF campus

    Smith spoke with investigators, but what he told them has been redacted from the police report.

    Smith began crying during a court appearance Saturday.

    “I’ve never done anything bad in my life,” he told the judge.

    Smith faces charges of sexual battery. He has posted bail and is out of the Orange County Jail.

    Kirk is in custody and is being held in the Orange County Jail with a $5,000 bail.

    David Kirk is accused of raping a woman at a ATO frat party, deputies say.
    Source: Orange County Jail

    In light of the suspension, the fraternity will not be allowed to participate in on- or off-campus fundraisers, socials, mixers, or intramural competitions.

    A spokesperson for UCF would not say if the accused suspects are students at the university or members of the fraternity.

    A hearing to review the suspension has been scheduled for May 7 at 3:30 p.m.

    This is not the first time Eyewitness News has reported about ATO.

    The fraternity was suspended in August after two members were arrested on allegations of sexual battery. The charges were later dropped against the two men, according to a State Attorney.

    Read: UCF fraternity member accused of raping person at party

    Channel 9's Samantha Manning has reached out to ATO for comment and is awaiting a response.

    Watch below: Jack Smith gets emotional during court appearance:


    *Editor's note: Smith is 20 years old, not 26 years old as previously released by the Orange County Sheriff's Office.

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