By AMANDA KIMBLE
ERATH COUNTY (January 13, 2017) – Two men accused of aggravated sexual assault of children were indicted by an Erath County grand jury Thursday.
Evidence against Victor Moreno Colunga, 42, includes DNA evidence that proves he fathered the child of a minor family member, according to an affidavit for arrest signed by Texas Ranger Danny Briley.
Information included in the affidavit dates back to December 2010, when the victim, assigned the pseudonym “Crystal Waters,” was interviewed by Briley. The interview followed an outcry reported to Dublin Police department in which Waters said she had been sexually assaulted by Colunga on numerous occasions between 2004 and 2005 when the victim was a minor.
The reportedly victim told police she believed for many years – following threats by Colunga – that her family would be killed if she reported the crime. The sexual contact purportedly occurred at a family residence when other family members were asleep or not present.
The affidavit also states Waters gave birth to a child in August 2005 and noticed the newborn’s resemblance to her assailant.
While there is no explanation for the time between contact by law enforcement with the alleged victim and rapist, Colunga was reportedly contacted by Briley in 2012. The suspect confirmed he was related to Waters, but denied having sexual contact with her.
However, in August 2015 Briley obtained buccal swabs from the alleged rapist and his purported victim and sent them to the University of North Texas Center for Human Identification.
A buccal swab, also known as buccal smear, is a way to collect DNA from the cells on the inside of a person’s cheek.
Two months later, a forensic DNA report showed scientific proof the Colunga had fathered Waters’ child.
The warrant for Colunga’s was issued by Justice of the Peace Shawnee Bass, Pct. 1 three days after the forensic evidence was obtained, on Oct. 29, 2015. He has been confined in the Erath County Jail since his arrest a few days later, on November 3, 2015.
Colunga is being held on a $300,000 bond for the first-degree felony offense.
The case against Clayton Leroy Maddex, 76, also begins with an outcry made to Dublin police, according an affidavit for his arrest signed by Jason Schipper, a Stephenville Police Department investigator who is now serving as county constable.
During a forensic interview of the Maddex’s alleged victim, a seven-year-old female assigned the pseudonym “WM,” law enforcement officials reportedly learned he forced the child to watch pornographic films.
The victim also reported Maddex forced her to engage in sexual activities, and the conduct purportedly occurred when the accused was babysitting the victim and her brother at his residence.
One day after Stephenville police received the report, Maddex voluntarily submitted to an interview and said the victim asked to watch the adult films, at which time he touched the child’s genitals. Days later, Maddex returned to the police department and admitted to digitally penetrating WM.
In the affidavit, which was signed by Judge Bass on Oct. 27, 2016, Schipper reported that both of Maddex’s confessions were videotaped.
Maddex has remained in the Erath County Jail in lieu of a $50,000 bond since his arrest on Oct. 27, 2016. He was indicted on two counts Thursday – the first-degree felony offense of aggravated sexual assault of a child and sexual assault of a child, a second-degree felony.
A first-degree felony carries a potential punishment of 5 to 99 years in prison, and a second-degree offense can be punished by up to 20 years of confinement.
While an Erath County grand jury found enough evidence to indict both men for their alleged acts against children, The Flash reminds readers that guilt or innocence must be proven beyond a reasonable doubt in a court of law. Proceedings in these cases are forthcoming in the 266th Judicial District Court.
You can find the complete list of January indictments, which includes charges ranging from felony DWI to drug-related offenses to failure to register as a sex offender at TheFlashToday.com.