Arrest Affidavit outlines rape victims ordeal


POSTED: Wednesday, July 10, 2013 - 5:20pm

UPDATED: Monday, July 15, 2013 - 8:06am

The Mexican national accused of raping three women in the Manhattan Heights area kicked open one of his victim's doors. This according to the arrest affidavit we obtained. According to the arrest affidavit Arturo Valtierra-Payan broke into homes -- sexually assaulted at least one of his victims and then threatened her with a knife and stole the rings that she was wearing.

The arrest affidavit states the victim found Arturo Valtierra-Payan on her porch. A fight followed but he managed to overpower her. According to the documents that's when the suspect sexually assaulted her. Valtierra-Payan is originally from Chihuahua.

We reported exclusively last week that's where he had a criminal record and served prison time on a gun possession charge. But police are still investigating where he came from before he moved to El Paso.
Police also say he is facing burglary of habitation charge and there may be more.

"Crimes against persons anticipates additional charges being filed. And as soon as they are filed, we'll be getting that information out to you also in the form of a release,” Darrel Petry, spokesperson for the El Paso Police Department explained.

A burglary of habitation charge is a first degree felony. We did ask police why he isn't facing a sexual assault charge, they told us the habitation charge is the proper charge.

Based on our research, we found out that a sexual assault charge is a second degree felony... The current charge is more serious and would warrant more prison time.

We also spoke to police about how to stay safe in your neighborhood as well as a self-defense expert should you find yourself in a similar situation."We always try to promote exterior lights. Exterior lighting is one of the most inexpensive ways that you can secure your home,” Petry said.

"If you happen to have keys around, you can put the keys between your fingers to use as a defense in case they approach you, you can strike this way or that way,” Benny Benavidez, owner of Xtreem Jiu-Jitsu and self-defense expert said.

Benny Benavidez also says to find any object nearby that you can use to strike the attacker with. This investigation remains open. Police have not released Valtierra-Payan’s mugshot.

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