AUSTIN - Police have arrested a man accused of sexually assaulting a woman who said Ambien pills had affected her consciousness, leading her to pass out behind an Austin-area gas station.
According to an affidavit of arrest, police responded to a call at a Valero gas station at 1706 E. William County Dr. when an employee reported that a woman was being sexually assaulted at the store. She said that another employee was taking out the trash when he noticed the suspect, 53-year-old Daniel Flores, on top of the victim.
The witness said he dropped a trash bag in an attempt to attract the suspect’s attention but Flores kept assaulting the woman. The witness proceeded to go back into the store to notify the manager. The witnesses said they then went back outside, heard the victim asking the suspect to stop, so they yelled at the man to stop.
They said the man eventually got up to zip his pants and ran away. Before he fled, one witness was able to get a head-to-toe picture of the suspect. Reports show that in the image, the victim appears to be laying down her side unconscious.
Police said that when they arrived on-scene to speak with the victim, she told officers that she had been in an argument with her husband and left their nearby residence after taking six Ambien pills, which led to her passing out on the concrete behind the Valero.
Once she awoke later that day in the hospital, police met again with the woman. They said that she was crying and had no idea who the suspect was and stated emphatically that she had given no one consent to have sexual intercourse with her. She reported again that she took too many Ambien pills after leaving her house but that she did remember falling unconscious behind the gas station. However, she stated that she did not fully recall the assault.
Later that same day, police said that Flores was arrested for aggravated assault and that he matched the picture that was taken during the incident. A photo lineup was shown to one of the witnesses and he confirmed the match.
Police said that during the interview with Flores, the suspect stated he had never met the woman prior to the assault that occurred on June 23. He stated that he had found her crying and was going to try to get the victim a place to stay at The Arch shelter after she was kicked out of her home without any shoes.
According to the affidavit, Flores said he thought the victim needed money and claimed they agreed to have sex. He said he was going to pay her $20 but did not exchange the money because they were interrupted by the witnesses.
The suspect also made other statements that coincided with the victim not having the consciousness to consent, police said. The victim stated she had no recollection of what occurred because she was so tired and passed out.
Flores was charged with sexual assault, a second-degree felony. His bond was set at $75,000.
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