Judge Finds Substantial Probability for Sex Abuse Case, Holds Defendant

By Mara Osterburg [former] - July 2, 2021
Court | Daily Stories | Sex Abuse | Sexual Assault | Suspects | Victims |

A DC Superior Court judge ruled that a sexual abuse case has enough evidence to go to trial.

The 33-year-old defendant is charged with assault with intent to commit third-degree sex abuse and kidnapping.

According to court documents, on May 22, the defendant allegedly grabbed the victim’s waist from behind and tried to lift her dress up on the 2900 block of Adams Mill Road, NW. The defendant then allegedly fought the victim to the ground, put one hand over her mouth and the other into her underwear.

During the July 1 hearing, Judge Marisa Demeo found substantial probability that the defendant committed this act, saying the evidence and witnesses testimony are credible and strong. 

A Metropolitan Police Department (MPD) detective testified that an eyewitness saw a man on top of the victim as she screamed. Five witnesses said they heard her screaming and saw the defendant running away from the scene. Witnesses also said the defendant had scratches and some blood on his face.

The defendant allegedly told one of the witnesses, “the Black guy did it,” before continuing to speak Spanish.

According to court documents, an officer heard the defendant say, “It was an accident, I ran down the hill, tripped and fell onto [the victim]. I was trying to hold her down to tell her it was an accident.”

The detective said that the officers on the scene smelled alcohol on the defendant’s breath and said he appeared to be intoxicated.

Defense attorney Rachel Cicurel then asked the detective how they identified the defendant. That detective said that, usually, the process is done with just the victim to make sure there is no bias; however, this time, the victim was with her husband for the identification.

Cicurel also brought up how the victim was able to identify the defendant. Circurel wanted to know at what point during the incident the victims’ glasses were knocked off, but the detective could not identify when. Circurel argued that this could have impaired her ability to correctly identify the defendant.

The prosecution wanted to continue to hold the defendant at the DC Jail, arguing he poses a danger to the community and his alleged attempt to flee the scene suggests he poses a flight risk.

Judge Demeo decided to hold the defendant.

“Nothing about this suggests it was an accident,” she said.

The next hearing is scheduled for Sept. 19.

Mara Osterburg wrote this article.