CRIME

Las Cruces Man suspected in rape of 71-year-old woman

Sun-News Reports
Las Cruces Sun-News
Daniel Guzman

LAS CRUCES – A Las Cruces man suspected of sexually assaulting a 71-year-old woman after breaking into a home early Friday morning has been arrested, police said.

The Las Cruces Police Department said Monday that the man, 22-year-old Daniel Guzman, of the 1000 block of Sable Circle, has been charged with two counts of second-degree criminal sexual penetration with injury, two counts of criminal sexual contact with injury, two counts of tampering with evidence and one count of first-degree kidnapping.

Guzman also has been charged with aggravated residential burglary, criminal damage to property, criminal trespassing, resisting or obstructing an officer, and breaking and entering, police said.

Shortly before 1 a.m. June 16, police officers were dispatched to the report of a sexual assault that occurred on the 1000 block of Avenida Encantada. Officers arrived to find a 71-year-old woman with signs of injury and evidence that her home had been broken into.

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According to police, the woman awoke to find a young man, later identified as Guzman, standing in her room. Investigators believe Guzman overpowered the woman and sexually assaulted her multiple times.

Evidence appears to show Guzman may have entered the woman’s home through a window, police said.

Police quickly located Guzman at a residence not far from where the incident occurred. Guzman was combative with officers and force had to be used to take him into custody, police said.

Guzman was booked into the Doña Ana County Detention Center. His bond was reduced from $100,000 to $15,000, according to Doña Ana County prosecutors.

Prosecutors had argued on Monday to increase Guzman's bond to $200,000, given the nature of the allegations. But Judge Richard Jacquez, of Doña Ana County Magistrate Court, denied the bond increase and set Guzman's bond at $15,000.

“On behalf of the people of Doña Ana County, we are extremely disappointed that the state’s recommendation for bond was denied,” Deputy District Attorney Davis Ruark said in a written statement. “We are concerned about the victim’s safety, as well as the safety of the community as a whole. We will continue to fight to protect the residents of the county and to ensure that justice is achieved.”

If indicted and convicted on all counts, Guzman faces up to 67 years behind bars.