Affidavit: Nacogdoches man sexually assaulted sleeping 'friend'

Affidavit: Nacogdoches man sexually assaulted sleeping 'friend'

NACOGDOCHES, TX (KTRE) - Nacogdoches Police officers arrested a 41-year-old man after he allegedly entered a home on April 8 and started sexually assaulting a sleeping woman. When she woke up and tried to get away from him, he told her, "It's OK. It's me, Lucio, your friend."

Lucio Cristobal Cruz, of Nacogdoches, is still being held in the Nacogdoches Jail on a first-degree burglary with the intent to commit another felony charge. No bail information was available.

According to the arrest affidavit, an NPD officer responded to a home in reference to a possible sexual assault at about 9:43 p.m. on April 8. Once he got to the scene, the victim told him that she was home asleep when she was awakened to someone having sex with her.

"[The victim] then realized it was not her boyfriend and began attempting to move away from the make and yelling, 'No.'" the affidavit stated. "The male then stated, 'It's OK. It's me, Lucio, your friend."

At that point, the man stopped the sexual assault and went to the door, the affidavit stated. The woman followed him and was able to see his face. According to the affidavit, the victim recognized the man as a past acquaintance named Lucio.

Then the woman called her boyfriend, who had gone to pick up some food.

When the officer spoke to the boyfriend, he said that he had gone to get food when his girlfriend called him to tell him about the alleged sexual assault. Upon getting back to the residence, the boyfriend spotted a man he knew as Lucio getting into a vehicle that was parked in the driveway.

According to the affidavit, the boyfriend asked Cruz what he was doing at their residence, and he said, "I'm here to see her." The boyfriend told Cruz to leave and he did so, the affidavit stated.

The affidavit stated that a SANE exam was performed on a victim, and the test results were consistent with recent sexual abuse.

Further investigation by the Nacogdoches PD detective who took over the case turned up Cruz as a possible suspect in the case. Both the victim and her boyfriend picked Cruz' picture out of a photo spread.

During an interview with police, Cruz admitted going to the residence but denied that any sexual activity occurred. The affidavit stated that that Cruz later said the sexual act was consensual but only he was told that the woman had been examined by medical staff.

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