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Affidavit: Former Lyft driver arrested for sex assault after texting half-naked photos of victim to wrong number

With the photos, Tyrone Rivers Sr. wrote something to the effect of, "Let me show you how my new year began," the affidavit says.

LONGMONT, Colo. — A former rideshare driver was arrested this week after sending three photos of a passed-out, partially-disrobed sexual assault victim to a wrong number, according to an affidavit for his arrest from the Longmont Police Department (LPD).

Tyrone Rivers Sr., 46, was arrested Wednesday on the following charges:

  • Sexual assault — physically helpless
  • Criminal invasion of property
  • Theft

The charges stem from an incident on Jan. 1. Around 8 a.m. that morning, a Lafayette man received a text message from an unknown number, the affidavit says. The message contained three photos of a woman, who was "partially disrobed" and "appeared to be passed out," according to the affidavit.

The woman, whom the man did not recognize, was in the back of a black SUV that had both Lyft and Uber stickers in the window, the affidavit says.

Concerned about the woman's welfare, the man called Lafayette police. They were not immediately able to trace the phone so did an "emergency ping" due to not knowing the woman's condition, the affidavit says.

The number came back to Rivers Sr. and officers went to his Longmont home. 

They spoke with Rivers Sr., who admitted he was driving for a rideshare service late on Dec. 31 and into the early morning hours of Jan. 1. He told officers he had picked up a woman and took her to an address in Longmont, the affidavit says.

During an interview with police, Rivers said the woman "was intoxicated when she got in the vehicle" and when asked to rank her intoxication level on a scale of one to 10, he responded, "probably a 7" the affidavit says.

RELATED: Lyft driver accused of sexually assaulting passenger

He said when they got to the woman's home, she couldn't find her keys. Rather than leaving her outside in the cold, he said he canceled his next ride and they returned to his vehicle, the affidavit says.

Rivers said once in the vehicle, the woman began "hitting on" him and they eventually "had intercourse," the affidavit says. Rivers said the woman was "awake and conscious" during the entire incident, and never asked him to stop, according to the affidavit.

He also said, according to the affidavit, that he took three pictures of the woman and sent them to a number he believed was a friend of his, along with a message that said something to the effect of, "Let me show you how my new year began," the affidavit says.

But the affidavit says Rivers was "well aware" the woman was asleep when he took the pictures and "had no idea" he was taking them. Rivers also said he learned that his friend never got the photos because the friend got a new number that wasn't programmed in his phone, and according to the affidavit, he resent the photos later.

Using data from Rivers' phone, officers located a woman they believed was likely the woman in the photos and went to her home.

The officers explained to her that they were contacting her about a photo that was taken of her and sent to someone. 

She said she and her boyfriend were at a friend's home the night before and she took a Lyft home because her boyfriend wanted to stay, the affidavit says. She said she "didn't recall any part of the Lyft ride home," according to the affidavit.

The victim said she had a "few drinks" and recalled waking up in the Lyft vehicle in the morning, which was parked in her neighbor's driveway, the affidavit says.

RELATED: Uber driver accused of sexually assaulting woman he drove home

She said she "found it very strange," because it was dark when she requested the ride and when she woke up it was light outside, according to the affidavit.

When the officer told her that Rivers said they had sex, she immediately said "no," the affidavit says. When asked if it was possible, she said "yes" since she "didn't even recall coming home," the affidavit says.

She went on to state, "none ... none whatsoever" of what occurred was consensual, according to the affidavit.

The victim was offered a sexual assault exam but declined; she did provide undergarments and the leggings she was wearing to police.

Officers again spoke with the victim on Jan. 10 and she provided more information about the incident.

She said she woke up in the vehicle was trying to "orient herself" and thought "maybe she had passed out and he [Rivers] couldn't wake her," the affidavit says.

The victim said she walked to her house and Rivers followed her, the affidavit says. She couldn't find her keys, and went to call her roommate, but couldn't find her phone, the affidavit says. She said Rivers told her it was in his car and went and retrieved it from the glovebox, the affidavit says.

She said she had "no idea how her phone got in the glovebox." She said she called her roommate three times but got no answer, so went to the back of the house to knock on the window and that Rivers was gone when she came back to the front.

The victim also told police she was missing $60 to $80 from her purse, but said she wasn't sure if Rivers had taken it or if she had given it to him as a tip. 

She also said she had to tell her work about the incident because she was unable to return to work on Jan. 3 due to a panic attack, the affidavit says.

The victim said she is "concerned" because Rivers knows where she lives and "has been looking [over] her shoulder." She filed for and was granted a protection order on Jan. 7, forbidding Rivers from having contact with her.

A Lyft spokesperson said Rivers was "permanently banned" from the Lyft platform and emailed the following statement:

"Community safety is fundamental to Lyft, and we take any allegations like this incredibly seriously. Immediately upon law enforcement reporting the incident to us, the driver was permanently banned from the Lyft platform. We are actively assisting with their investigation." 

A spokesperson for Uber also confirmed that while he was not working for Uber at the time of the incident, his access to the app was removed.

Rivers is due in court on Feb. 19 where he's expected to be formally charged.

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