An alleged rapist walked out of the San Benito County Superior
Court a free man Tuesday after charges were dismissed when the
prosecution could not locate the victim.
Hollister – An alleged rapist walked out of the San Benito County Superior Court a free man Tuesday after charges were dismissed when the prosecution could not locate the victim.
Deputy District Attorney Candice Hooper said investigators will continue to search for the alleged victim, and if they find her will refile charges against Sergio Delgado, who was charged with rape by force or fear, domestic violence, sodomy and oral copulation in concert with force.
During Tuesday’s hearing Judge Harry Tobias chided the prosecution for waiting so long to inform the court they did not have enough evidence to go forward with a trial.
“Two weeks in advance, you should be laying your cards on the table saying we don’t have it, we’re not ready,” Tobias said.
Hooper said the District Attorney’s Office had been assured by the Hollister Police Department and human services agency Community Solutions they had the victim’s whereabouts.
“They were wrong,” she said. “In the future, we will not rely on Community Solutions and a detective from the Hollister Police Department.”
Community Solutions is nonprofit agency funded by the United Way that counsels victims of sexual assault.
Jury selection for a trial was to begin Monday, and even though a judge granted the prosecution one more day to find the alleged victim she had disappeared for unknown reasons, Hooper said in an interview after the hearing.
If she is located, Hooper said she hopes she agrees to testify against Delgado.
“This is a horrific case,” she said. “I would hope someone who has this type of offense committed to them would never want it happening again, to herself or a future victim.”
Delgado allegedly raped an adult female he had a previous relationship with sometime between July 21 and July 22 on the 800 block of Hillcrest Road, according to police.
Delgado allegedly struck the victim repeatedly and sexually assaulted her throughout the night, according to police.
The victim notified police of the rape on July 22 and was transported by a detective to a San Jose-area hospital where a sexual assault exam was performed, according to police. Police said her injuries were not life-threatening.
Delgado voluntarily turned himself into police in the weeks following the alleged assault after a warrant had been issued for his arrest.
Delgado’s attorney, Arthur Cantu, said after the hearing that his investigators had been attempting to locate the victim since the middle of September and had informed the prosecution in open court she was nowhere to be found.
“My client stands on his innocence and was prepared for a jury trial,” Cantu said. “We’re waiting for our day in court. We look forward to that day.”
