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Probable cause found to charge waiter in rape case
Superior Court Associate Judge Joseph N. Camacho found probable cause yesterday to charge a restaurant waiter accused of raping a female friend after a drinking session at her home for her birthday celebration.
At a preliminary hearing, Camacho determined there was probable cause to believe that Mark Lester David may have committed the crimes of sexual assault in the first degree, assault and battery, and disturbing the peace.
The judge ordered the 31-year-old David to respond to the charges.
Camacho dismissed the charge of sexual assault in the second degree as it is already included as a lesser offense in the sexual assault in the first degree charge.
Arraignment will be on April 6 at 9am.
At the hearing, assistance attorney general Emily Cohen called to the witness stand police detective Therese S. Kintoki, who told the court of the circumstances that led to David’s arrest last March 20.
Attorney Janet H. King served as counsel for the waiter.
Police said David and the alleged victim, along with two other friends, finished their drinking session at 2am last March 20.
After an hour, David returned to the apartment unit of the alleged victim, but she walked back to her bed and fell asleep because she was intoxicated.
At 6am, the woman was allegedly awakened when she felt someone touching her privates. She allegedly told David to stop, while kicking and pushing his face. She then allegedly realized that she was already semi-naked and told David to leave her apartment.
David was arrested later that night.
Police said David denied raping her but admitted that he returned to her apartment and laid down next to her on the bed.
A doctor told police that examination indicated signs of penetration and abrasions on the woman’s sexual organ. The alleged victim stated she never had any relationship with David and that she has had no prior sexual experience.
