The Enid News and Eagle, Enid, OK

July 17, 2013

Enid man arraigned on attempted rape, child abuse

By Cass Rains, Staff Writer
Enid News and Eagle

ENID, Okla. — A 56-year-old Enid man is being held in lieu of $300,000 bond following his arraignment Wednesday on charges of attempted rape and child abuse.

Roberto Lozano-Cuevas appeared via video from jail before Special District Judge Brian Lovell for arraignment on the charges.

Cuevas is facing charges of attempted first-degree rape, child abuse and misdemeanor domestic abuse.

He faces up to life in prison and/or a fine of $500 to $5,000 for the child abuse charge. The rape charge is punishable by no less than five years imprisonment, and the domestic abuse charge is punishable by up to a year in prison and/or a fine of up to $5,000.

Cuevas had the charges read to him through an interpreter and Lovell entered a plea of not guilty on his behalf.

Lovell set bond on the rape and domestic abuse charges at $150,000 and set bond at an additional $150,000 on the child abuse charge. The judge ordered Cuevas to return to court Aug. 26 for a bond appearance.

According to affidavits filed in the case, Enid Police Department responded at 6:47 p.m. Saturday to the 1300 block of Wallace in reference to a domestic dispute in progress.

Cuevas’ daughter, who reported the incident to police, said she could hear her mother screaming in the bedroom. She said her father also was in the room with her mother.

When police arrived they spoke with Cuevas’ wife, who had visible injuries along her collarbone and upper chest, Officer Aaron Barber noted in his affidavit. Barber noted the injuries appeared consistent with the woman’s clothes being torn off.

Barber noted the woman also had a red welt on her back, an injury she said was caused by Cuevas tearing her bra off.

The woman said Cuevas came home wanting to have sex, but she told him no because they were having problems they needed to talk about first, according to the affidavit. She said they went to the bedroom and Cuevas kept insisting they have sex, but she again said no. She said Cuevas began to rip her shirt and bra off, according to the affidavit.

She said Cuevas pushed her to the bed and she was saying no and kicking at him to get him to stop, according to the affidavit.

She said Cuevas told her he would give her something to be scared of, and when he tried to force her legs open, she began to hit him and he finally stopped, the affidavit states.

Barber went to the couple’s bedroom and saw a pile of clothes on the ground.

There was a black shirt missing buttons and with the button holes torn, according to the affidavit. Buttons were found on the floor and bed. Barber also noted seeing a bra on the floor that still was fastened in the back but torn on the front.

The woman also told police Cuevas had been abusive to two of their children. She said Cuevas struck their son with a fly swatter earlier in the day.

The boy had a welt across his back with the end of the welt bleeding slightly, according to the affidavit. The boy gave Barber a fly swatter and told him Cuevas used the small end, or the handle, to hit him. The boy’s welt was about 6 inches long and a half-inch wide.

Cuevas’ wife also said he abused their 6-year-old daughter two weeks before. She said her older daughter witnesses the abuse and told her about it when she got home from work.

The woman showed Barber photographs she took the day the abuse occurred. The girl had bruises on her back, stomach and side that appeared to have been caused by a belt, according to the affidavit.

The elder daughter said she saw Cuevas hit her 6-year-old sister numerous times with a belt, according to the affidavit. She said her father had been agitated throughout the day and was taking it out on everyone, but more so on the younger kids.

She said after Cuevas hit her younger sister, he told her to put some ointment on the marks, according to the affidavit. She said her little sister cried as she put the ointment on, telling her it hurt. She said she was too scared to call police when the abuse happened.

Sgt. Bryan Hart spoke with the 6-year-old girl and she told him, “My dad did those marks on my back,” according to the affidavit. She said Cuevas used a belt on her back because she made him “very, very mad.”

In the affidavit, Barber noted marks on the 6-year-old’s back, including one that appears to be three overlapping belt strikes.