Court documents detail Las Cruces weekend rape

LAS CRUCES, N.M. - Court documents obtained by ABC-7 reveal the events that led up to a weekend rape in Las Cruces.

Las Cruces police arrested three men accused of raping an extremely drunken 22-year-old woman.

The woman told police she went to the men's apartment in the Grove Apartment Complex to have some alcoholic drinks.

According to the documents, the woman willingly had sex with Cody Gregory Highfill, 19. At some point, the woman told police, Highfill invited his two roommates to have sex with her. The woman said she tried to stop them but was too drunk to remember everything.

Documents said the men told police they knew the victim was drunk and "out of it." All three men admitted to having sex with her.

According to documents, Robert Balderrama, 19, told police, "She looks like she is out of it. He noticed that she did not look like she wanted to have sex but the other two guys were telling him, 'Come on do it, do it.'"

Police said Stephen Moleres told them, "He was drunk and she was drunk but not too drunk. He knows it's kind of his fault, but not really because she took her clothes off and kissed him."

According to the documents, the woman was so drunk that Highfill carried her to her apartment in the same complex. The woman told police then Highfill raped her again.

She told police she asked Highfill what he did to her. She said he responded, "We took turns on you," then hugged her and left.

Residents in the apartment complex said it's scary to hear that happened where they live.

"I don't see security. When I go up to my apartment it's not well lit. I don't feel safe especially hearing all this," Simone Crum, a resident there said.

"It's the guys' fault. They need to learn to control themselves. Whatever happened to gentlemen-type thing? You take a girl like that and help her get home. You don't take advantage of her," said Christopher Roberts, another resident.

All three men were charged with one count of criminal sexual penetration -- aiding or abetting, a second-degree felony.

A spokesman for the Las Cruces Police Department told ABC-7 police responded to 70 incidents at the Grove apartment complex in the last year.

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