A female high school student who said she was sexually assaulted at gunpoint while on a run in Palo Alto in March told her alleged assailant that she had an infection and needed medication, a defense she believes prevented him from raping her.
Court documents illustrate her efforts to prevent the assault and how law enforcement identified the suspect — 29-year-old Eduardo Antonio Chavarria-Diaz of Richmond — through a connection to another assault reported in the East Bay.
Police arrested Chavarria-Diaz in April for alleged assault with a deadly weapon, kidnapping and sexual penetration by force, all felonies. He remains in custody without bail.
The girl told police that Chavarria-Diaz dragged her down a running trail in the area of Arastradero and Deer Creek roads, pulled out a gun and wrapped duct tape around her head before sexually assaulting her. She repeatedly told him she was sick and needed medication until he stopped and fled the scene, according to her police statement. He left his sunglasses behind, she told police.
Police later found several pieces of duct tape that appeared to have been wrapped around something and black glasses at the scene.
The girl’s statement and descriptions of Chavarria-Diaz were corroborated in part by several witnesses, including a woman walking her dog who captured him in a photograph she took of the area.
Results from the girl’s Sexual Assault Response Team exam, a medical exam conducted on victims of sexual violence to collect evidence, helped the Santa Clara County’s criminalist develop a partial DNA profile of a suspect. This profile matched a partial DNA profile from an investigation East Bay Regional Park District police conducted into an assault that had been recently reported at a park in Oakland. On March 4, a woman reported that a man had threatened her at gunpoint before kissing and groping her over her clothing. The woman and Palo Alto girl gave similar descriptions of their alleged assailant.
The Santa Clara County Sheriff’s Office’s Identification Unit was able to match fingerprints left on the duct tape, leading police to Chavarria-Diaz.
Chavarria-Diaz, a Lyft driver, denied to police that he sexually assaulted the girl, but gave an inconsistent description of what happened on March 28 in Palo Alto.
He admitted to touching her, but said that the girl “walked with him willingly” off the trail. He said he might have had duct tape with him, which he used for bathroom breaks while driving for Lyft, but denied wrapping it around her hands and face. He eventually admitted to police that he did wrap duct tape around her head.
He also first denied that he had a firearm, but later admitted he had a BB gun with him. Police seized a small, plastic, replica handgun after searching his home.
Prompted by police, Chavarria-Diaz apologized to the girl in a short letter for scaring her and using the BB gun.
“I promise never do that again wist (sic) other peplo (sic),” he wrote.
Chavarria-Diaz was arraigned on multiple charges, including two counts of kidnapping with intent to commit rape for both the Palo Alto and Oakland alleged assaults, according to the district attorney’s office. This charge makes him eligible for a sentence of life in jail without the possibility of parole.
Good job by all the witnesses who came forward to help the police catch this perp
If he is found guilty (and it sure sounds like he is) lock him up for life. He has already done this twice.
Couldn’t be more impressed with the girl that she had the smarts and presence of mind to tell about having an infection & needing medication to deter him.
Thank you to all the scientists whose work will make crimes like this increasingly more solvable.
I am curious how duct tape has anything to do with going to the bathroom as a Lyft driver?
Neither Lyft nor Uber do a fingerprint or biometrics background check on their drivers. I wonder what a decent background check would have shown about this Lyft driver?
>> The girl’s statement and descriptions of Chavarria-Diaz were corroborated in part by several witnesses, including a woman walking her dog who captured him in a photograph she took of the area.
What was outstanding to me was the passer-by who took the photograph. Without that it sounds like this case might have been very difficult to investigate and prosecute. Not sure if this was coincidental and purposeful but thank you to all citizens that get involved and look after others. She ought to get a good citizenship medal from the City.
Be sure to check with Michelle Dauber before you select the Judge
Actually, the guy has been CAUGHT twice, who knows how many times and how many other crimes he has committed where the police did not find fingerprints or DNA. Or how many crimes went unreported.
I think the question that we all want answered is how this perp./perv. used duct tape for bathroom breaks while driving for Lyft?