Around this time, Nicole had been found at the Alavar Pier. She was found extremely drunk and crying with her jeans worn inside out and a condom sticking out of her underwear. Several witnesses surfaced, from the security guard of the bar who saw Smith carrying a drunk Nicole to the van to several other people who saw the Marines dumping Nicole at the pier and including the driver of the van rented by the Marines. At first, the driver, Timoteo Soriano Jr., accused the Marines of raping Nicole. Later, he retracted his statement saying he was forced by police to sign the affidavit accusing the Marines. When the Marines were questioned, they denied the charges. Smith claimed that he and Nicolas had had consensual sex.