WACO, Texas (KWTX) - The McLennan County District Attorney’s Office has declined to prosecute a Waco man on a sexual assault charge because prosecutors said the alleged victim was too drunk to remember what happened.

Bellmead police arrested Ernesto Gonzalez, 30, May 7 after a woman reported he sexually assaulted her in his car in the parking lot of the T’Kila y Ch’las bar in Bellmead.

After further review of the case, the DA’s office declined prosecution July 23 without presenting the case to a grand jury, according to a case disposition report.

“Case not accepted: The victim cannot really remember what happened because of her intoxication. The evidence is as consistent with consensual sex as not,” according to the disposition report.

Gonzalez spent one day in jail before posting b

See Full Page