Judge Restores Sex Assault Charges Against Pitcher Evan Reed

Wayne County Circuit Court Judge Michael James Callahan ruled Friday that two sexual assault charges against Tigers minor league pitcher Evan Reed, that had been dismissed in August, should be reinstated.

The judge ruled that Detroit 36th District Judge Kenneth King, who had dismissed the charges in August before they could go to trial, had abused his discretion in his ruling.

Evan Reed

In August, Judge King dismissed two, third-degree criminal sexual assault charges against Reed, saying his accuser, a 45-year-old woman, wasn't credible. King said it also was never proven that she she was incapacitated.  The woman thought she might have been drugged that night.

The encounter happened in March at the Motor City Casino.

At the time Reed, 28, was thrilled with the judge's ruling, telling reporters: “I’m just extremely happy. I  can have all my focus on baseball again.”

Reed's attorney Ben Goenik said he planned to appeal Friday's ruling. 

"Of course the decision shocks me," Goenik said, explaining the lower court ruled correctly when it questioned the woman's credibility.  

Reed did not attend Friday's hearing. 

During Friday's hearing, Wayne County Assistant Prosecutor Ana Quiroz, argued that the woman was sexually assaulted, explaining that Reed walked in on her while she was in the shower and surprised her by penetrating her in the anus. Because she was surprised, Quiroz argued that she had no option to say no before she was penetrated.

Quiroz said that the woman had diarrhea and told Reed to stop.

"What are you doing, you're hurting me," the woman said, according to the prosecutor. She said Reed continued to penetrate her.

Quiroz said later the woman was feeling dizzy and went back to bed and wanted to just sleep. But Reed tried to stick his penis in her mouth.

Goenik argued that Judge King had ruled correctly and said there was enough evidence to question the woman's credibility. 

He also argued that there was no credible evidence to back up the element of surprise during the sexual encounters.

Reed's atttorney Ben Goenik speaks. Prosecutor Ana Quiroz is seated.