ANGELINA COUNTY, TX (KTRE) - Angelina County Sheriff's deputies arrested a 34-year-old man on two sexual assault charges on Monday after the aunt of a 15-year-old girl walked into a bedroom of her home and allegedly found him pulling up his shorts with the girl also in the room.
Daniel David Pina, 34, of Lufkin, is still being held in the Angelina County jail on two second-degree felony sexual assault of a child charges. No bail has been set at this time.
According to the arrest affidavit, Angelina County Sheriff's deputies responded to a report of a sexual assault that occurred at a residence on Bailey Drive on June 11. When they arrived on the scene, the complainant told them that after she left her niece at home for a few hours, she returned and found the front door locked.
The aunt looked through the house, and found the 15-year-old girl in her child's bedroom. When she opened the door to the bedroom, Pina was in the process of pulling up his shorts, according to the affidavit.
When the aunt asked the girl what she was doing, the victim admitted to performing a sexual act on Pina, the affidavit stated.
The girl was taken to the Harold's House Children's Advocacy Center in Lufkin for a forensic interview the next day. During the interview, the victim said she and Pina made plans to have sex the day before when everyone was gone from the residence, according to the affidavit.
The victim told the interviewer that she performed a sexual act on Pina before the two of them had sexual intercourse.
According to Texas criminal law, a minor under the age of 15 cannot legally give consent to have sex.