David Anthony Kirk, left, and Jack Smith, right. Photos courtesy of Orange County Jail.

Two UCF students accused of gang raping a woman at an off-campus party will not be criminally prosecuted.

The state attorney filed notices of no information Thursday, stating that the cases are not suitable for prosecution, according to court documents.


Both 26-year-old Jack Smith and 20-year-old David Kirk pled not guilty to sexual battery charges stemming from the April 20 incident. A woman accused them of gang raping her while at a “meat factory” party, allegedly hosted by Alpha Tau Omega fraternity members, according to UCF PD.

ATO fraternity said it was not one of their events. Kirk had been expelled from the fraternity in January and Smith was not a member, according to ATO’s CEO.

In response to Thursday’s filing Ken Lewis, Kirk’s attorney, said “The State Attorney’s Office should be lauded for carefully vetting this case and following the law,” according to an article by the Orlando Sentinel.

ATO fraternity was placed on interim suspension because of the incident, and the fate of the fraternity is still currently unknown.

Also unknown is whether UCF has, or will, punish the accused students in it’s student conduct process — a process separate from the criminal justice system, where there is less public oversight and records available.