Body camera reveals Gwinnett police officer responded hours before reported rape

Body camera video reveals Gwinnett County police officers responded to call related to rape victim hours before the attack

New details have emerged in the rape case Gwinnett County police are investigating involving a Georgia State University campus police officer.

Body camera video revealed that hours before the assault, an officer from Gwinnett County was dispatched to the restaurant where the suspect first met up with the victim.

For some, it’s raised questions about whether the officer did enough to protect the victim in those moments.

"Bruh, I’m so sleepy, I’m tired," the victim can be heard saying in the video obtained by FOX 5.

That footage from security at the restaurant and a lounge showed the moments after they tell FOX 5 they witnessed the woman at the bar take one drink and go from completely normal to incoherent.

"That drew our attention immediately," a security officer said in an interview Tuesday.

The security officer, who did not want to share his full name, said his officers made a call to Gwinnett County police after they watched the suspect, 59-year-old Terry Payne, unsuccessfully try to carry the 36-year-old woman out of the restaurant.

"Once she passed out, the gentleman she was with picked her up off the floor, grabbed all of her belongings, attempted to bring her outside, dropped her twice," he explained.

Security officers said Payne first gave them a fake name but then identified himself as a GSU campus police officer.

Gwinnett County police confirmed one of their officers responded to the intoxicated person’s call shortly after the security officers stopped Payne and the victim on the way to his car and told him he couldn’t drive because they’d both been drinking.

"I’m not trying to do anything to her to bother her," Payne can be heard saying to security officers in the video.

Gwinnett County police said the responding officer ultimately had the suspect call a Lyft for her and the victim to a hotel across the street. That security officer told FOX 5 he had more concerns than just their safety behind the wheel.

"She made a few statements to the effect of…’I don’t know this guy, this is weird, what are you trying to do to me?’" the officer recalled.

According to a GCPD spokesperson, the responding officer did take steps to try and verify the suspect and victim knew each other during the encounter.

"Speaking to the victim, speaking to the suspect, looking at their phones," Sgt. Jennifer Richter said.

The security officer who was on scene said he believes the rape that occurred just a few hours later, could’ve been avoided if more steps had been taken.

"I think the extra step that should’ve been taken is to not allow him to take her anywhere because there was no way to verify how connected they were other than those text messages but text messages is technology," he said.

Gwinnett County police officials had this to say in response:

"Of course we wish that the outcome of this situation could’ve been different, but when our officers encountered them, there really was no other action that they could take…other than to kind of justify do the parties know each other, is anybody being forced to do anything they don’t want to do? They didn’t get any indications that that was what was going on when they spoke with them," Sgt. Richter told FOX 5.

It’s unclear whether Gwinnett County police were aware of the body camera video from security officers, but detectives are using surveillance video from the hotel and venue in their investigation. They said they will be reviewing the officer's response to the incident as part of the investigation into the rape.

Georgia State University officials did not respond to a request for comment on the newly released body camera footage but did confirm Payne has been suspended without pay, pending the results of the investigation.

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