AZTEC — Three men were charged last week with sexual assault in two separate incidents.
Isaiah Madrid, 18, and Michael Joe Demetrio Padilla, 22, were both charged Thursday in Aztec Magistrate Court with criminal sexual penetration of a child in the second degree on allegations they raped a 15-year-old girl on Oct. 18. Padilla was also charged with contributing to the delinquency of a minor.
Both men have been released from the San Juan County Adult Detention Center on bonds, according to court records.
Isaiah Madrid’s attorney, Arlon Stoker, said his client engaged in consensual sex with the alleged victim in the case, which was lawful because they are close in age.
“He’s barely two years older than her and he told police that he had sex with her, but it was consensual,” Stoker said.
Padilla has not yet retained legal representation, according to court records.
The alleged victim first disclosed to police on Oct. 19 that she was raped at a party, according to the arrest warrant affidavit.
She told investigators she went to a party in Flora Vista with friends on the night of Oct. 17 and consumed a significant amount of alcohol. A little after midnight, she went with several men, including Padilla and Madrid, to a second party at a residence north of Aztec on Navajo Dam Road, the affidavit states.
She said Padilla kept giving her shots of apple-flavored vodka at the second party until she became so drunk she could not longer walk straight, according to the affidavit.
She passed out in a bedroom at the residence and awoke to Madrid having sex with her, according to the affidavit. She told investigators she blacked out again and when she next awoke, Padilla entered the room and had sex with her, the affidavit states.
She said the next morning her underwear was inside out, her hips were bruised and her chest hurt, according to the affidavit. She told investigators the sex was not consensual.
Several partygoers told detectives Padilla kept providing the girl more alcohol, despite the fact that she was already extremely intoxicated, according to the affidavit. One man at the party told detectives he saw Madrid and the girl making out in the kitchen during the night.
Madrid admitted he attended the second party and had sex with the girl, but claimed it was consensual, according to the affidavit.
Padilla initially claimed he did not know any of the people at the party and never went into the bedroom where the alleged victim was unconscious, the affidavit states.
He then changed his statement and told detectives he went into the room and the girl consented to sex, according to the affidavit.
The girl’s parents told detectives Padilla was a long-time family friend.
Detectives obtained DNA samples from both men, the affidavit states.
Ricky J. Yazzie, 36, was charged Thursday in Aztec Magistrate Court with criminal sexual penetration of a child, a first-degree felony, and criminal sexual contact of a minor, a third-degree felony.
Yazzie is being held at the San Juan County Adult Detention Center on a $70,000 bond.
Yazzie has not yet retained legal representation, according to court records.
Yazzie’s wife told a detective from the San Juan County Sheriff’s Office on Nov. 7 that her husband had inappropriately touched the girl, a relative, when she was 12 years old, according to an arrest warrant affidavit.
The girl was interviewed Nov. 11 and told detectives that Yazzie had rubbed her genitals on two separate occasions.
She said Yazzie groped her once while she was sitting on a bed in August 2014, the affidavit states. She said Yazzie again touched her groin while she was sitting on a couch at the Yazzie residence in San Juan County sometime during the summer, the affidavit states.
When the girl told Yazzie’s wife that he had touched her inappropriately after the second incident, she kicked her husband out of the house for two weeks, according to the affidavit.
Padilla is expected to make an initial court appearance today and Yazzie is scheduled to appear at a preliminary examination hearing on Thursday.
Madrid is expected to appear at a preliminary examination hearing on Dec. 3.
Steve Garrison covers crime and courts for The Daily Times. He can be reached at 505-564-4644.
©2015 The Daily Times (Farmington, N.M.)
Visit The Daily Times (Farmington, N.M.) at www.daily-times.com
Distributed by Tribune Content Agency, LLC.