PORTLAND, Ore. (KOIN) – The criminal charges against a man accused of kidnapping and raping a woman could be dismissed if investigators are unable to locate her in time for trial.
Dominique Rogelio Gonzales, 23, remains in custody at the Multnomah County Detention Center.
On Tuesday, he appeared before a judge at the request of his attorney Bear Wilner-Nugent who sought Gonzales’ immediate release from custody pending trial.
In December 2017, Gonzales’ release was denied by a different judge.
Tuesday’s request came after Wilner-Nugent learned that the DA’s Office may have to dismiss the case against his client because they haven’t been able to contact the alleged victim in the case.
Wilner-Nugent also said there is now a warrant out for the woman’s arrest for an unrelated case.
Multnomah County Deputy District Attorney Todd Jackson said he has directed investigators from the DA’s Office and Portland Police Bureau to look for the woman and give her a subpoena in connection with the case. To date, he said, investigators have not been able to find the woman or contact her.
Wilner-Nugent said he has tried 3 different phone numbers for the woman, two of which have been disconnected.
The judge at Tuesday’s hearing decided not to allow Gonzales out of custody and he refused to lower bail.
Jackson told the court that the facts remain the same – Gonzales is accused of kidnapping a woman in Northeast Portland and raping her and dumping her near Rocky Butte.
The alleged incident happened in October 2017. Court documents allege the woman was walking home in the rain when Gonzales stopped and offered her a ride.
The woman reported the incident and police waited near Gonzales’ home after learning his address using his license plate data. He reportedly showed up at the house an hour after the alleged incident.
Gonzales has denied the allegations against him.
When detectives arrested him, they obtained a search warrant to collect his DNA. Results of that DNA testing have not been made public.
Wilner-Nugent said Tuesday in court that testing on the alleged victim’s blood revealed 5 controlled substances in her system.
Gonzales’ trial is scheduled to start March 5. The DA’s Office indicated that they would have to report ready by March 2. If they were not, the case would be dismissed.
Under Oregon law, the case could be refiled at a later date within the statute of limitations, unless a judge made specific findings preventing the DA’s Office from seeking prosecution down the road.