BURLINGTON — A Chittenden County Superior Court judge is going to allow prosecutors to bring a more serious felony charge against a former Uber driver accused of sexually assaulting one of his passengers.
Judge James Crucitti dismissed that same charge in late October, because he said the state had not provided sufficient evidence for a jury to find guilt beyond a reasonable doubt.
The driver, 23-year-old Omar Nassir, also faces a misdemeanor charge of lewd and lascivious conduct for exposing himself to the female passenger. That charge was never dismissed.
The charges stem from a February incident in which Nassir gave a female passenger a ride home and, according to court documents, the victim said Nassir exposed himself to her and requested oral sex.
Nassir initially denied those allegations to police and said the victim was so drunk she struggled to provide directions to her home. He also said that at points during the ride she appeared lucid. In a lengthy interview — the 145-page transcript was the state’s primary piece of evidence — he later said they had sex but it was initiated by the victim.
Prosecutors argue the victim was too drunk to consent to sex.
Judge Crucetti dismissed the sexual assault charge on the grounds that prosecutors couldn’t rely on portions of the investigator’s interview with Nassir while rejecting others. The victim’s initial statement to police, which took place before police interviewed Nassir, did not mention actual sexual contact, just that he exposed himself.
In a supplemental affidavit filed with the court on Dec. 11, a detective conducted a new interview with the victim. She told him that she drank eight to 10 shots before going out and had another two or three drinks at the bar. Drinking that amount of alcohol made her black out, she said.
She told the detective that she does not recall having sex with Nassir, and was not aware he told police they had sex until a victim’s advocate told her months later, according to the affidavit.
“The court believes that the state has made a good faith showing that it can present firsthand evidence on the issue of consent,” Judge Crucetti wrote in his Dec. 22 decision allowing the State’s Attorney to pursue the felony charge. Felony sexual assault carries a penalty of three years to life in prison and a fine of up to $25,000.
A new arraignment for Nassir is scheduled for Jan. 14. Nassir’s attorney Robert Behrens did not respond to call requesting comment Tuesday.
Nassir’s case became a flashpoint in the controversy surrounding Uber’s entrance into the Burlington market and provoked calls for greater enforcement of the city’s driver-for-hire ordinance. Nassir also held a city taxi license.
Uber drivers across the country have been accused of sexual assaults in a number of cases that have garnered national attention, sparking concerns over the company’s policies around background checks.
A Seven Days report this year suggested the city’s licensing process may be even less stringent, because of an appeals process for people with criminal records who are denied a license.
City officials responded that the appeals process is meant to give people who have turned their lives around a second chance. There’s no indication in court papers that Nassir has a criminal history.
The City Council is currently drafting a new driver for hire ordinance meant to address new mobile application-based ride-hailing services such as Uber.
