Uber driver's sex assault charge dropped again

A judge dismissed for the third time a charge alleging a former Burlington driver for the ride-hailing service Uber compelled his intoxicated female passenger to participate in a sex act without her consent, according to a recent decision by Judge James Crucitti.

Omar Nassir, 24, remains charged with lewd and lascivious conduct stemming from allegations that he exposed himself to the passenger in the February 2015 incident.

The Burlington Free Press refrains from naming alleged victims of sexual assault without their permission.

Nassir initially denied to police that he had any sexual contact with the woman, who is in her 20s. He later admitted to improper sexual contact, but said the female victim came onto him, the affidavit states. Nassir told police that he did not ask the victim for sexual favors.

Meanwhile, the victim told police she was in and out of consciousness and had no knowledge or evidence of whether Nassir had inappropriately touched her. However, she recalled Nassir's exposing himself to her and asking for sexual favors. She said she would not have been able to give consent due to her level of intoxication.

The sexual-assault charge has been controversial since Nassir's arraignment last May. The charge has been dismissed twice by judges, including at that initial hearing. Each time, the state has returned with additional information that the judges have ruled established enough probable cause to reinstate the charge.

Nassir last denied the charge in January and asked that the allegation again be dismissed. In an order issued Tuesday, Crucitti sided with Nassir once again.

"The state's only evidence supporting the element of lack of consent is (the victim's) highly intoxicated state and her lack of memory that a sexual act occurred or that she consented to it," Crucitti wrote. "It is not sufficient for the state to establish that (the victim) was highly intoxicated and would not have consented with 'proper judgement.'"

He added that the victim's "state of intoxication and lack of memory together with the defendant's statement does not establish substantial, admissible evidence on which a jury could fairly and reasonably determine the defendant guilty beyond a reasonable doubt."

According to the judge's decision, the victim appeared to have no idea that police were looking into sexual assault allegations. The victim's roommate initially made the sexual assault report to police, he wrote.

The victim "did not know that a sexual act had occurred until informed by the victim's advocate months after the alleged offense when the victims advocate informed her that the defendant admitted that a sexual act had occurred," Crucitti wrote. The victim was "in complete shock," he added.

Nassir's attorney Robert Behrens said Thursday that he and Nassir are pleased with the judge's decision.

"We always felt there was never any evidence to support a sexual assault charge," Behrens said in an email to the Burlington Free Press. "Hopefully this is the end of this for my client."

Chittenden County Deputy State's Attorney Bram Kranichfeld said the state "respects the court's decision and intends to move forward with the lewd and lascivious conduct charge." He declined further comment.

Nassir has been free on conditions, including that refrain from working for a taxi service, since his arraignment in May 2015. If convicted of the lewd and lascivious conduct charge, he faces up to five years in prison or $300 in fines.

Ex-Uber driver denies sex assault again

Contact Elizabeth Murray at 651-4835 or emurray@freepressmedia.com. Follow her on Twitter at www.twitter.com/LizMurraySMC.