Nicanor Gonzales/Photo Courtesy LAPD
BY MAIRE O’NEILL
Nicanor Gonzales, 20, of Los Alamos has been arrested and charged with criminal sexual penetration and criminal sexual contact in connection with an alleged incident Sept. 28 at his home. The victim reported the incident to Los Alamos Police Department Oct. 10.
A warrant was issued Oct. 11 for Gonzales’s arrest and he was booked into the Los Alamos Detention Center the same day. Los Alamos Magistrate Judge Pat Casados has ordered his case transferred to First Judicial District Court for further proceedings because an issue was raised as to his competency to stand trial.
An affidavit for an arrest warrant filed by LAPD Det. Matt Lyon indicates that the alleged victim told him she went to Gonzales’s residence at about 7 p.m. and brought a bottle of Jack Daniels which she said she and Gonzales consumed during the evening. She said Gonzales started flirting with her and she told him she did not want to do anything sexual with him. The victim told Lyon that Gonzales continued to advance on her until at one point she grabbed his wrist and told him, “No”.
The victim told Lyon that at this point Gonzales pushed her down on the bed and pulled off her pants and panties. She said she was struggling and that he penetrated her for about 30 minutes. After that, she said he penetrated her with his finger. She told Lyon that at this time she was not fighting back because she was thinking that she would not be able to stop Gonzales. She said she did not try to leave the home due to Gonzales “being bi-polar and she was scared”. The victim told Lyon that Gonzales’s mother arrived at the residence and gave her a ride home.
Asked by Lyon if she had been sexually active in the past with Gonzales, the victim told him she had sex with Gonzales once when she was 19 and in early September but that he had never acted in the same manner as the night of the alleged assault. The victim told Lyon that Gonzales came to her house after the incident and gave her the panties from the night of the incident.
Lyon’s affidavit also indicates that Gonzales texted the victim saying, “I’m a Scary Person. I never wanted to be dominant over you. In fact I always thought it was the other way around. Can you prove it?”
The affidavit states that Lyon believes Gonzales is a danger to Los Alamos County. It notes that Gonzales was detained by LAPD in a prior case involving a disturbance at a local bar where Gonzales resisted officers to the point of physical altercation.
The affidavIt also reveals that Gonzales the person who caused a disturbance Oct. 7 during Mass at Immaculate Heart of Mary Catholic Church on Canyon Road when he yelled out, “It (expletive) hurts,” and ran from the church pursued by Los Alamos Fire Department Capt. Manny Pacheco. Gonzales was reportedly wearing a red hoodie pulled over his head and dark sunglasses at the time. LAPD officers responded to the church but Gonzales was not placed under arrest.
No date has been set at this time for his appearance in District Court.