Police: Allegheny College student texted victim after rape
MEADVILLE — An Allegheny College student allegedly sent incriminating text messages to his victim in the days after raping and sexually assaulting her, a Meadville Police Department detective testified Monday.
Moses Alcantara Garcia, 20, of Santa Ana, Calif., a sophomore at Allegheny College, was ordered held for trial on all charges in Crawford County Court of Common Pleas following a 30-minute preliminary hearing before Magisterial District Judge Samuel Pendolino.
Garcia is charged by Meadville police with one count each of rape by forcible compulsion, sexual assault, indecent assault and indecent assault without the consent of another for allegedly assaulting a fellow female student at student housing on North Main Street in April. Police allege the assault took place during the early morning hours of April 14.
Det. Sgt. Justin Bailey testified he interviewed the victim April 26 at Meadville Medical Center after responding to the hospital for a report of a sexual assault involving the victim. Bailey testified the victim had gone to the hospital April 26 after the victim had consulted with her mother on April 25.
The victim told Bailey she was assaulted at her college residence after attending a party at Delta Tau Delta, one of the college's fraternities, April 13 with several friends, Bailey testified. The victim stated she, the friends and Garcia, whom the victim knew, returned to the North Main Street residence, Bailey testified.
The victim admitted to Bailey she had been drinking but was not intoxicated, Bailey testified. The victim said Garcia was very intoxicated and got sick at one point while in the residence, Bailey testified. The victim stated she and Garcia knew each other and Garcia had been in the residence previously, but there never had been anything sexual between them, Bailey testified.
Garcia eventually ended up lying on a bed in the victim's room as did the victim, Bailey said. Garcia eventually awoke at one point and began to kiss the victim with the victim repeatedly telling Garcia to stop, Bailey said. The victim stated she attempted to push Garcia away, but he rolled onto her back with force and got her clothing off and forced himself upon her, Bailey testified.
The victim told police Garcia ended up leaving the residence around 5:15 a.m. April 14, Bailey testified.
The victim stated she had told her roommates about the assault on April 15 and spoke with Allegheny College's Title IX coordinator about the incident April 27, Bailey testified.
Title IX is a federal statute prohibiting sex-based discrimination in federally funded educational programs. Under Title IX, colleges and universities receiving federal money must investigate accusations of sexual violence to protect students from sex-based discrimination. The schools may conduct hearings to determine if sexual violence happened.
In her interview with police, the victim stated she had saved text messages she had received from Garcia in the wake of the incident.
Bailey testified those alleged text messages from Garcia to the victim from read, in part, “There are no such words to describe what I did.” and “I can't live with the guilt.”
In a subsequent interview with Bailey, Garcia admitted to “making out” with the victim and thought that was all, Bailey testified.
“He (Garcia) did not remember having sex” with the victim, Bailey testified. “He denied knowing or having sex.”
Pendolino found there was enough evidence to hold Garcia for trial on all charges and ordered Garcia's bail remain at $40,000.
Garcia was returned to the Crawford County jail in Saegertown in lieu of bail. He is scheduled to go to trial during the September term of county criminal court.
The rape and sexual assault counts are graded as felonies. If convicted in county court on all charges, Garcia could face up to 37 years in jail and $65,000 in fines.