http://www.dailyrecord.com/apps/pbcs.dl ... 60313/1005

03/16/06 - Posted from the Daily Record newsroom
2 charged in Morris Twp. rape
Prosecutor: Pair assaulted 50-year-old in her home

BY PEGGY WRIGHT
DAILY RECORD

Two immigrants from Honduras were charged Wednesday with restraining and raping a 50-year-old female acquaintance while visiting her Morris Township home, authorities said.

The two men -- identified as Walter Bautista, 28, of Dover, and Jose D. Hernandez, 21, of Morristown -- were arrested Wednesday and brought by detectives before state Superior Court Judge N. Peter Conforti. Both are charged with aggravated sexual assault and criminal restraint, and Bautista additionally is charged with sexual assault.

The woman told police that the men were visiting her Tuesday night, and she declined Bautista's proposal to have sex. She said Bautista dragged her into a bedroom, held her down and forced her into intercourse. Bautista then called Hernandez into the room and allegedly restrained the woman so Hernandez could assault her, Morris County Assistant Prosecutor Melanie Smith told Conforti.

A "witness" arrived at the house and the two men fled, Smith said. The woman called 911 at 11:35 p.m. Tuesday, and there is an injury to her wrist that is consistent with her account of being held down, authorities said.

The judge agreed with Smith's request that bail be set at $100,000 for Bautista and $75,000 for Hernandez. Both were brought to the Morris County jail after the hearing.

Hernandez entered the U.S. illegally about one year ago and most recently worked at a restaurant in Morristown, Smith said. Bautista also is from Honduras but his status as an immigrant is still being examined.

In brief statements to the judge, translated from Spanish to English by an interpreter, both men implied they were friendly with the woman but neither mentioned having sex with her.



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Peggy Wright can be reached at (973) 267-1142 or pwright@gannett.com.