Sexual assault not guilty plea reversed days before jury trial

Published 8:01 am Tuesday, January 11, 2011

A Rose Creek man who allegedly sexually assaulted and choked a woman entered into a plea agreement Friday in Mower County Court — just three days before his jury trial was scheduled to begin.

Gregorio Pabon-Garcia, 24, pleaded guilty to third-degree criminal sexual conduct in exchange for four other charges being dismissed. The dismissed charges include first-degree criminal sexual conduct, felony kidnapping, terroristic threats and domestic assault by strangulation.

According to court documents, the incident took place in October when Pabon-Garcia got into an argument with a woman and allegedly strangled her three times in the kitchen of her residence, three times in the living room and one time in the hallway.

Email newsletter signup

The woman told authorities that she was unable to breath and began to black out from lack of oxygen during the strangling.

She also said that Pabon-Garcia would not allow her to leave the house. When she went to the bathroom after the argument, he allegedly entered the bathroom and forced himself on her while strangling her. The woman also told authorities that he threatened to kill her several times during the assault.

The responding deputy photographed injuries on the woman’s back and neck after the incident and reported that she had difficulty breathing and was taken to Austin Medical Center for further medical attention.

Pabon-Garcia’s sentencing date has yet to be scheduled.