http://www.examiner-enterprise.com/a.../news/4070.txt

By Tim Hudson

E-E County Reporter

A reported illegal alien remains in the Washington County Jail on $5,000 bond after allegedly making threats to kill another man.

Victor Chimal Hernandez, 32, faces two counts of threatening a violent act, but according to District Attorney Rick Esser, further charges of rape are anticipated.

“We are investigating the allegations of rape against Mr. Hernandez,� Esser told the Examiner-Enterprise on Thursday.

According to the affidavit filed in the case, the alleged victim in the case told police on April 10 that Hernandez had raped her on two separate occasions at her apartment in the 1700 block of S.E. Barlow Drive.

The woman reportedly said that Hernandez had been staying in her apartment, along with her husband and their 22-month-old son, because he had no place else to stay. She said that at one point she and Hernandez had consensual sex but that she felt guilty later and told him that she could never do it again, the affidavit states.

She told police that on March 1, Hernandez raped her as she lay in bed with her son beside her. She said that the boy was awake during the assault, and that Hernandez became angry and told her to make him stop crying.

She said that on March 13, Hernandez was drinking heavily while her husband was working and that he came into the bedroom begging her to “be with him and sleep with him.�

She later reportedly said that Hernandez began to make statements that he could not stand to see her with her husband and began making threats to kill him.

She further told police, according to the affidavit, that Hernandez again sexually assaulted her on April 3. She said that shortly thereafter, on April 5, Hernandez told her that he was going to buy a gun and kill her husband, saying that he has friends in Tulsa who are drug dealers who could get him anything he needs. Hernandez reportedly told the woman that “he has done a lot of bad things in Mexico and he is not afraid to do those same things to her, her son, and her husband,� the affidavit states.

She reportedly said that she took the statement as a threat that he had killed people in Mexico and that he would kill them if necessary.

On April 10 the woman filed a protective order against Hernandez. She said that on May 2 Hernandez called her and told her that he was not going to do anything to her but that he was going to kill her husband. Then on May 3, she said he called her and told her that “you better be careful about what you're doing because this time I'm going to kill you and (her husband).�