The allegations are shocking: Late on Sunday, in a Tempe park full of people, a man attacked and apparently tried to rape a 71-year-old woman, before the Good Samaritans rushed to save her.
The 30-year-old suspect, Kevin Caballero, later confessed to police that he wanted to insert his “penis” into her “vagina” and expressed dismay when interrupted, saying he should have acted “faster”.
He was initially jailed on a $500,000 bond. But two weeks ago, Phoenix New Times Learned, he was released on his identity with an ankle monitor to his sister in Tucson.
Caballero is a homeless man who has been treated for years for mental illness and is apparently under state care. The Maricopa County Attorney’s office only demanded that Caballero accept the ankle monitor, and did not object to the release.
A Tempe Police spokesman said the department was aware of the release order and that it had caused some “shock” among the ranks.
Tempe Sergeant Steven Carbajal said, “It is fair to say that it is surprising to us that he was released.” “It was a very shameless incident that had many people around. It fundamentally changed our victim’s life permanently. I don’t know how an ankle bracelet would prevent another incident or any other attack.”
In an unusual move, the department issued a statement from its Special Victims Unit Sergeant, John Gilguin: “We are disappointed with the justice system to release Caballero.”
Police declined to comment on the process that led to the release. but this step helps Changes made in 2017 To the state’s legal system designed to reduce the undue burden on low-income people. The changes ordered judges to grant bail at “the minimum amount necessary to protect other persons or the community from risks posed by the individual or to secure the individual’s presence”.
Bail is not an option for some violent crimes such as sexual assault as the defendant faces mandatory jail time. Caballero is accused of kidnapping and attempted sexual assault, and is eligible for probation on each count.
Yet Maricopa County’s former Trial Services Department officials found that “based on the allegations, the defendant is a threat to the community.”
The case description depicts Caballero as a man who has an uncontrolled sexual desire that society needs protection from. But now that he’s back on his psychiatric drugs and getting treatment again, the idea is that he’ll fulfill his court obligations and not attack anyone while monitoring his ankle.
Sunday Morning Terror
The survivor of the attack was out for her daily walk in Kiwanis Park, near Mill Avenue and All America Way, on Sunday, March 20, at around 11:30 a.m. when she received a forceful blow from behind, causing her to fall to the ground.
Court records show that Caballero, whom she had never met before, climbed on top of her, and told her that “she wants sex” as she rolled her arms over her and shouted for help, court records. show. “liar!” she shouted. He lowered his pants and he pulled them back up. Visitors to the park swung into action at her cry.
Some people called 911: “I have a woman here who is being raped by a man in the park,” one caller told police.
Mary Rogers of Phoenix and 305-pound New England Patriots offensive lineman Justin Heron were the first to reach the women’s. As he and the others drew closer, Caballero gave up.
Arriving on Monday, Rogers politely downplayed his involvement.
“Justin was the biggest and loudest, for sure,” he said. “You definitely feel really hard when you have him next to you. If anything, I was there to step in and help out when I needed it.”
As the men separated the victim woman from Caballero and made her sit on the ground to wait for police, the suspect kept trying to talk to her, Rogers said, saying, “She wanted it, it was her idea.”
“He was not apologetic,” Rogers said. “He was very calm. He was focusing on her alone… Justin took the victim. I just stood behind him. I put my hand on his shoulder and said, ‘You need to sit right here .'”
Rogers found the news of Caballero’s pre-test release “disturbing and disturbing”.
“I’m a bit at a loss for words,” he said. “It was almost as if he couldn’t control himself…hopefully, no more victims.”
‘least difficult situations’
Caballero was ordered to jail on a $500,000 bond. The attack made national headlines because of Heron’s involvement. In Tempe, where park safety has worried residents for the past few years, the mayor and police chief spoke out about the crime, and Heron and Rogers were honored for their intervention. A grand jury soon charged Caballero of attempted kidnapping and sexual assault. He was found to be penniless and qualified to be a court-appointed lawyer.
He seems to have been lucky enough to find County Public Defender Katherine Crazy, who has set the pace in motion and is helping Caballero get mental health care, in addition to legal defense. On May 11, it filed a motion to revise the terms of Caballero’s release, given that new facts had emerged. For one thing, she revealed that Caballero was accidentally booked on charges of sexual assault when she was handed a $500,000 bond, and didn’t have the resources to pay that much. In addition, while Caballero has multiple misdemeanors on record, including domestic violence and trespass, Crazy reported that he has never been convicted of a felony.
When first booked, he was apparently not given a chance to prove he suffered from mental illness, was eligible for state help, and had family support in Arizona, Crazy wrote in his motion. is. Crazy has spoken with his mother and sister since his arrest and learns that his sister, who lives in Tucson with her fiancé, has indicated that Kevin may live with her… and that she and her mother, Kevin will be able to provide transportation for To attend future court hearings.”
his sister, whose name is being hidden new Times, Disapproved comment. Crazy did not return a message.
Krejci wrote in the motion that she also contacted Mercy Care’s court coordinator, who explained that Caballero has received general mental health services through the state’s Medicaid provider, the Arizona Health Care Cost Containment System (AHCCCS), since 2018.
“Unfortunately, those services are shut down when someone is imprisoned, even pretentious,” wrote Crazy, so he has also communicated with Arizona Full Health in Tucson, which Will help Caballero take care of them.
He said the law requires the court to impose “the least difficult terms of release”. “Kevin’s current release plan to stay at his sister’s house will assure his future presence [and] Protect the victim and the community. At the time of arrest, as per police observation, he was mentally unstable. Since he is in custody, Kevin has resumed taking the drug and the undersigned attorney will continue [help ensure] Services on the release of Kevin to the community.”
Jennifer Liver, a spokeswoman for County Attorney Alister Adele, confirmed that the prosecutor’s office did not object to the release. The office only insisted that the Caballero be equipped with a GPS monitor, she said. The county attorney’s office did not comment further.
Commissioner Roger Hartsell approved the release on 18 May. But the county probation department doesn’t typically monitor defendants outside county boundaries, so it took three days for a contractor to arrange for probationary surveillance in Pima County. Maricopa County Superior Court said in a statement that court rules prohibit any officer from commenting on a pending case.
Caballero’s release order states that he cannot leave his sister’s home except on medical or court appointments unless he has received advance approval. His next court hearing is scheduled for June 17. A tentative test date of August 3 is likely to be rescheduled.
‘He’s also a victim’
The woman who was attacked has been informed of Caballero’s release, Carbajal said. There are general concerns for their safety “to the extent that it alters their daily activities,” he said.
One of the many disturbing elements of the case is that Caballero told police after his arrest that he had done the same thing to other women in Tempe. But so far, Carbajal said, there is no evidence that his claim is true.
Stories about people committing crimes while under GPS-monitored home arrest are not uncommon. For example, in May, a New Mexico man was arrested for sexually assaulting a teenager while awaiting trial in another rape case. Clearly, even with medication and ankle monitoring, no one can predict with certainty whether Caballero will try to redouble his offense and finish “sharp” next time around.
Murrie Rogers and Justin Heron were praised for their works.
accessed by a forensic psychologist new Times For insight on the matter, he said he would speak only if he was kept anonymous, and even then, would not assure that it would be “safe” to be around someone like Caballero as long as he was on his meds. For an article about this heinous condition, he claimed, “No expert can say that he has a right to be released.”
That being said, the doctor said that apart from taking his proper medications, Caballero had many other positives for him. A person’s history is “the most important diagnostic tool” for predicting violence, he said, an important factor to consider considering Caballero’s lack of felony convictions. With kidnapping and attempted sexual assault being his first offense, he would be eligible for probation if convicted, so when it comes to his release, “why should he be discriminated against because he is mentally ill. is?”
The doctor said he believed the case represented a “failure of the mental health system”, and more specifically, the clinic that was supposed to monitor that he was taking his psychiatric meds. and is not abusing other substances.
Rogers expressed similar concerns. While it is true that Caballero’s attack was brazen and that ankle monitoring would not prevent a similar attack, he said, “as a human” he doesn’t want to see someone like Caballero just shut up and forget.
“That doesn’t even do anything,” he said. “She needs to be in a place where she [can] succeed, not just under the supervision of the system.”
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