It was at the Exxon on Dairy Ashford last year where Houston police say a man pretending to be a cop with a fake badge. Investigators say he picked up a woman who had tire problems.
Doug Griffith is with the Houston Police Officers' Union. He says, "(he) advised her that he was a police officer and she was told to get into the car he took her cellphone and I'd and drove her to a parking garage where she was sexually assaulted."
That was in 2013. Now, we've learned a Harris County grand jury has decided to no bill that man. In other words not charge him in the sexual assault case.
Who is the suspect? Investigators say he's 49 year old Francisco Jose Ugarte.
They also say he's chemical engineer for a major US oil company.
On the night of the attack police say he picked up the victim in this BMW.
Mary is the woman police identify as the victim in this case. She says, "I thought there's no way this could be true with the evidence with the video testimony I had to give. I couldn't believe that anyone would believe this didn't happen or there wasn't enough evidence to charge him. "
So what went wrong? Mary says she was told by the Harris County District Attorney's office the case would be a slam dunk.
She says, "they're really not sure what happened from what I understand from the ADA. She felt comfortable there would be an indictment. "
The decision by the grand jury has left the Houston Police Officers' Union hot.
But they point the finger at the Harris County District Attorney's office saying the prosecutor did not call the victim or investigators to testify before the grand jury. But Ugarte, the accused, did appear to give his side along with his attorney.
Griffith says, "it's somewhere within the D.A.'s office that they allowed the suspect in this instance to testify but not once did they allow the victim or an officer that investigated the case to come in and make a statement."
Maria McAnulty is the trial bureau chief at the Harris County District Attorney's Office. She says, "the grand jury ultimately makes the decision about what witnesses they're going to hear."
McAnulty says they did not choose to keep the victim and the investigators out of the grand jury room. She says the panel simply didn't call for their appearance.
"All of us that are a part of this process we have to live with the results of that grand jury's decision," says McAnulty.
And so does Mary the woman who says she is rape victim.