By Liz Shepherd
InkFreeNews

WARSAW — After about 6 1/2 hours of deliberation, a 12-person jury found Hector Rosales guilty of raping and threatening a person in Kosciusko County.

Rosales, also known as Ector Joel Rosales Miralda, 19, Warsaw, was found guilty of rape, a level 3 felony; and intimidation, a level 6 felony.

The jury found Rosales not guilty on a second count of rape, a level 3 felony; and not guilty of strangulation and battery resulting in moderate bodily injury, both level 6 felonies.

Rosales’s sentencing is set for 9 a.m. June 19. Following the jury’s dismissal, Rosales’s bond was revoked and he was remanded into the custody of the Kosciusko County sheriff.

Defense Attorney Jay Rigdon continued his case on Wednesday, May 17, by calling Rosales for testimony.

Rosales told the jury he resided in the house where the incident occurred. He first met the victim when he brought them and the victim’s mother from Georgia to Warsaw to live and work.

In court, Rosales testified the victim always bothered him and said he wanted nothing to do with them because he was dating someone at the time. He recalled one day where the victim wasn’t working and asked Rosales to come to their room, where they had sex. This occurred about two months before the rape.

Rigdon asked Rosales if there were instances when the victim got mad at him. Rosales said the victim was always asking him to teach them how to drive or bring them marijuana. When Rosales refused to do so, he said the victim got mad.

On June 25, 2022, the day before the incident in question, Rosales said he consumed beer and tequila during dinner and was drunk when he came home. He noticed the victim’s room light was on and knocked on the door. Rosales said he knocked on the door and the victim answered. The two hugged and talked, but the victim told Rosales to go to bed because he was drunk.

However, the two continued talking and Rosales said the victim told him he could lay in bed with them. He said he asked the victim if they wanted to have sex and they consented. When the victim told Rosales to stop while they were having sex, Rosales gathered his clothing and left. He said he then told the victim he didn’t really like them, which led to the victim “talking to me badly, like saying things like I’m a n****.”

He admitted to throwing up in the room where the incident happened but said it was a very little amount of vomit.

The next day, Rosales said he was with a friend when the victim’s significant other talked to Rosales and told him the police were looking for him because he “overstepped” with the victim.

Rosales said he did not strangle, grab, or threaten the victim, and did not force them to have sex.

Rosales also discussed his interview with Warsaw Police Officer Alvaro Aguillon and said he was embarrassed to talk about what happened because he “never had to talk about something like this.”

“God knows that yes, I am telling you the truth,” said Rosales to the jury.

In cross-examination, Deputy Prosecuting Attorney Joseph Sobek focused on Rosales’s behavior during the interview with Aguillon, asking how Rosales felt nervous or embarrassed. He also discussed Rosales telling the jury how the victim bothered and provoked him but that Rosales told Aguillon he got along with the victim.

Sobek further questioned Rosales about his story of events, which he said evolved from nothing happening to Rosales and the victim having sex.

Rosales told Sobek “everyone in the house” saw the victim make advances toward him.

As questioning progressed, Sobek asked Rosales if it was true he’d say anything to be found not guilty. Rosales agreed.

Sobek further pointed out another contradiction in Rosales’s testimony and his interview with Aguillon. Rosales testified the victim was lying about what occurred; however, in the interview with Aguillon, Rosales said to believe the victim.

Rigdon rested the defense’s case following Rosales’s testimony.

In his closing statement to the jury, Sobek argued the importance of the jury being firmly convinced of what happened, focusing on the physical evidence, the victim’s testimony, and contradictory statements from Rosales.

“He knew what he did was wrong,” said Sobek. “He can’t even keep his own testimony straight today.”

Meanwhile, Rigdon focused on statements made by the victim about what happened, questioning why the victim would deny the fact Rosales lived at the residence where the incident took place. He emphasized pictures presented to the jury of the victim’s injuries and how their face and neck appeared to have faint redness, but attributed that to acne.

Rigdon also expressed surprise that the victim didn’t go to their mother, who lived next door at the time, when the rape happened and only called their significant other, “the one person who’d be angry about them having consensual sex.”

With Rosales and Aguillon’s interview, Rigdon agreed Rosales should have told the full story right away but that Rosales testified before the jury that he didn’t commit any crimes.

“(The victim) couldn’t give you the truth,” said Rigdon. “That should give you an idea of who is telling the truth in this case.”

Sobek asked what the victim’s motive would be to lie, reminding the jury that the victim and their significant other at the time are no longer together.

He also asked the jury to consider whose memory would be better during the incident: Rosales being “stone-cold hammered” or the victim being sober.

“What does it matter?” asked Sobek in his final closing statement about the victim. “What (do they) gain from testifying? In a house full of people, ironically, (they) were alone.”

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