LUFKIN, TX (KTRE) - Editor's note: The sexual assault charge was dismissed in October 2013.
A Lufkin man found himself behind bars for the third time in nine days after police filed a charge Thursday of him having sex with a child.
Jose Buenrostro, 20, is charged with second-degree sexual assault of a child. His bond is set at $500,000.
According to an arrest warrant affidavit signed on Oct. 25, a girl under the age of 17 reported to police that Buenrostro sexually assaulted her while she was "smoking dope" with him and two others during the weekend of Oct. 13.
According to the affidavit, Buenrosto told the other two to leave. After they left, the girl said Buenrostro undressed her and himself and had sex with her.
She then said the other two returned with another person. Two of the witnesses told police that they saw Buenrostro having sex with the girl. The third witness said she did not see them having sex, but said she heard one of the witnesses saying to get off of her.
Police first arrested Buenrostro on Oct. 16, after police said he stole a Samsung Tablet from a customer at the McDonald's on Timberland Drive. According to the police report, Buenrostro bit a witness who tried to stop him.
Police arrested him again on Oct. 18, after he checked out of a hospital after Marco Antonio Marines, 31, allegedly hit him repeatedly with a stick. Police had a warrant for Buenrostro on a burglary charge.