Crime

Affidavit: Rape suspect convicted of raping 3-year-old boy, latest victim on oxygen tank

LAS CRUCES, New Mexico - The man accused or raping an elderly woman, granted a heavily criticized $15,000 bond, is back behind bars.

Online jail records show Daniel Guzman was arrested July 7, 2017 and charged with "Failure to Comply with Terms of Release."

ABC-7's New Mexico Mobile Newsroom has learned Guzman was turned in to the detention center by his bondsman, Dario Gomez.

Gomez's office told ABC-7 Gomez considered Guzman a flight risk because Guzman does not have a permanent address. Gomez picked him up and took him to jail.

ABC-7 has learned Guzman has been arrested at least 14 times. His arrest history includes charges of battery on a household member, larceny, criminal trespass, resisting/evading/obstruction of an officer, and possession of drug paraphernalia.

Back in June, a judge reduced the bond for Guzman from $100,000 to $15,000, the district attorney's office said.

Guzman, 22, of the 1000 block of Sable Circle, is charged with two counts of criminal sexual penetration with injury, two counts of criminal sexual contact with injury, two counts of tampering with evidence and a single count of kidnapping.

Police also charged Guzman with one count each of aggravated residential burglary, criminal damage to property, criminal trespassing, resisting or obstructing an officer, and breaking and entering.

Citing the severity and number of charges and the vulnerability of the victim, Assistant District Attorney Alexander Rossario argued for a $200,000 secured bond on behalf of the state, but Judge Richard Jacquez denied the state's request.

Instead, the judge reduced Guzman's bond from $100,000 to $15,000, officials with the DA's office said.

"On behalf of the people of Doña Ana County, we are extremely disappointed that the state's recommendation for bond was denied," said Deputy District Attorney Davis Ruark. "We are concerned about the victim's safety, as well as the safety of the community as a whole. We will continue to fight to protect the residents of the county and to ensure that justice is achieved."

The alleged sexual assault happened at a home on the 1000 block of Avenida Encantada shortly before 1 am Friday, June 16, 2017.

Officers arrived to find an injured 71-year-old woman. Evidence suggested the alleged rapist broke into the woman's home through a window, police said.

Police say the woman awoke to find a young man, later identified as Guzman, standing in her room. Investigators believe Guzman overpowered the woman and sexually assaulted her multiple times.

The victim told police she went to sleep with a nasal canula providing her oxygen from a tank. 

After Guzman allegedly raped the victim, he couldn't undo the locks when he wanted to leave the accuser's home and needed her help to get out.

A complaint affidavit obtained by ABC-7's New Mexico Mobile Newsroom states the accuser gave police a detailed description of Guzman. A police officer immediately suspected the assailant was Guzman, who frequently caused problems a the Encantada Mobile Home Park, the document states.

Guzman's grandmother's trailer was six or seven units away from the victim's home, police said.

Officer found Guzman in his grandmother's trailer, in his underwear with lights on and loud music playing. When he noticed officers outside, Guzman allegedly turned off the lights, closed his blinds, locked doors and barricaded himself inside the home for more than an hour.

Once detained, Guzman showed extreme aggression and violence, without provocation, and made excited utterances that he had been home all night with witnesses to prove it, documents state.

Guzman's grandmother told police he has had a deviant sexual nature his whole life.  Documents state the woman told investigators Guzman was convicted of raping a 3-year old boy when he was a teenager, is constantly receiving complaints of sexually inappropriate behavior, watches porn daily and that she's called police because he's sexually harassed her.

The grandmother said she had not allowed Guzman at her home for several months, but he repeatedly trespassed.

Police said that when Guzman learned nurses were going to take evidence from under his fingernails, he cried and tried to clean under his fingernails, tampering with the collection process.

If indicted and convicted on all counts, Guzman faces up to 67 years behind bars


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