A woman who reported being sexually assaulted by a Pima County sheriff's deputy told police she did not want to prosecute and should be considered a "reluctant victim," police reports released Wednesday say.
Deputy Michael Canizales has been on paid administrative leave since the incident in January.
In addition to the victim's reluctance, Canizales' attorney said that the Tucson Police Department had no probable cause to arrest the deputy.
However, the Pima County Attorney's Office presented the case to a grand jury, which returned an indictment June 9 on sexual assault and aggravated assault charges.
On the night of the attack, the victim told police Canizales texted her and asked her to meet him at a bar, according to police reports.
She said she had known Canizales since she was 17 years old and they had been intimate in the past.
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The victim said Canizales was at the bar and was sad because his girlfriend had broken up with him and kicked him out the house.
The victim described Canizales as "bad drunk" as he was not able to sit up straight, reports say.
Canizales bought the victim a beer and she drank less than half of it when she was ready to leave, reports say. Canizales told her he wanted to talk more and asked if he could go to her house and she could take him home in the morning.
The reports say the victim agreed because she said Canizales has a "potential to make bad decisions" and she did not want him to get a DUI. Her daughter picked the pair up and drove them home. Upon arriving at the home, the daughter went to her bedroom, reports say.
At one point Canizales walked up behind the woman and put his hand around her waist, attempting to reach into her pants, reports say.
She told him, "Stop. Are you serious?" to which he responded, "Sorry. My bad," reports say.
She told Canizales she would not be his "rebound girl" and laughed it off.
They sat on the couch and Canizales climbed on top of the woman and she told him to stop, but he did not, the report says.
She told police there was a struggle and she told Canizales that she did not want her daughter to hear what was going on. She offered to go to her bedroom to get him to stop, but he did not.
After the assault, Canizales asked if the victim was OK and she told him she was fine, reports says.
He asked for a ride to his brother's home. The victim told police she grabbed her gun and purse and gave him a ride home.
A couple of days later, the victim went to a local hospital for the assault and Tucson police were contacted.
The victim told police she did not want to prosecute, but when asked why she had gone to the hospital she said, "I was raped, sexually assaulted, whatever the term is," the report says.
The case was sent to the Pima County Attorney's Office for review.
A detective told the County Attorney's Office that the victim did not want to prosecute but Deputy Pima County Attorney Sue Eazer indicated that the victim had since changed her mind, police reports say.
Canizales' attorney said last week that his client denies the allegations.
