Jameis Winston in 2 minor incidents

ByABC News
November 28, 2013, 3:00 AM

— -- TALLAHASSEE, Fla. -- Florida State quarterback Jameis Winston was involved in two minor incidents unrelated to an investigation into accusations that he sexually assaulted a woman, though he was not arrested or charged in either case, police records show.

In the first case, police questioned Winston and other FSU players in November 2012 after 13 windows were broken at an apartment complex near Doak Campbell Stadium after an apparent BB gun battle. In the second case, a Burger King employee called police in July to complain that Winston was stealing soda. The Associated Press obtained the records from Tallahassee city officials after filing a request.

Attorney Timothy Jansen, who is representing Winston in the sexual assault investigation, said he was unaware of the incidents.

Winston, 19, is a leading Heisman Trophy candidate who has guided the unbeaten Seminoles to a No. 2 ranking. He is under investigation after a woman accused him of sexually assaulting her a little more than a week after he was questioned about the BB gun incident.

Police did not hand over information about the alleged sexual assault to prosecutors until earlier this month. The interim police chief said the case was placed on inactive status after police were told the accuser no longer wanted to prosecute the case. An attorney representing the accuser has said her client never wanted to drop the charges.

Amid growing criticism of its handling of the case, Tallahassee Police released a timeline of its investigation into Winston on Wednesday.

The timeline states that police informed the state attorney's office of the investigation on Dec. 7, 2012, the day the incident was reported, but that no suspect had been identified. On Jan. 10, 2013, the alleged victim provided the name of a suspect -- presumably Winston -- and police attempted to follow up with both the accuser and the suspect, according to the statement. Both parties declined to be interviewed through their attorneys. On Feb. 11, the case was deemed open but inactive.

The lawyer for the accuser, Patricia Carroll, has been critical of TPD's handling of the case, suggesting police attempted to persuade her client not to pursue charges and refused to collect DNA evidence from Winston.

Tallahassee Police Chief Tom Coe said last week the alleged victim broke off communication with investigators, and only then was the case deemed inactive.

Because it is an active investigation, Coe said he would not discuss details of the case but said he wanted to address "process questions" that would "demonstrate TPD's professionalism and the investigative processes of a sexual battery case."

ESPN has reported that a DNA report shows that Winston's DNA was found in the underwear of the accuser. While Jansen has suggested the sex was consensual, the accuser has put out a statement maintaining she was raped.

In the BB gun investigation, Tallahassee police records show officers were called to the Legacy Suites apartments on Nov. 27, 2012, two days after management said 13 windows had been damaged by players shooting at one another.

Both Winston and his roommate at the time, defensive end Chris Casher, told officers the next day that they had been involved in a series of "battles" involving other FSU players that had been going on for a month. They denied shooting any BB guns themselves but said someone threw eggs at their window and shot at them with a paintball launcher.

Police found BBs littering the ground and saw windows in several apartments with small holes.

Police records show the apartment manager, Dave Sudekum, initially wanted to evict Winston and three other tenants but decided to not press charges after an FSU athletic department official promised that the players would pay for the damage.

Sudekum initially told a reporter this week that a previous management company had been involved. When told his name was on the report, he then said he couldn't remember the incident, which happened the day after FSU lost to Florida. Winston, a redshirt freshman this season, did not play in the game. FSU athletic department officials have not responded to emailed questions about the incident.

In the Burger King incident, Winston came in with three men but did not order food. An employee, who recognized him, first saw him using ketchup cups to take soda. He asked for a water cup after she told him to stop, but he said he would use it for soda and filled it repeatedly with soda over her objections, the report said.

The report says Winston was never interviewed about the incident because the restaurant declined to prosecute.

State Attorney Willie Meggs said Wednesday that he doubted the BB gun incident would have much bearing on the sexual assault investigation.

ESPN.com Florida State reporter David Hale and The Associated Press contributed to this report.