San Marcos Mercury | Local News from San Marcos and Hays County, Texas
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May 8th, 2012
Buda man charged with San Marcos rape


San Marcos police have charged a Buda man with kidnapping and sexually assaulting a woman under a Blanco River bridge in San Marcos early last year.


Detectives served warrants on James Robert Montoya, 39, of Buda, Texas on charges of aggravated kidnapping and aggravated sexual assault stemming from an attack in San Marcos on Feb. 8.

Montoya was already being held at the Travis County Corrections Center on separate aggravated kidnapping and sexual assault charges committed against another woman in Austin and Buda on March 17.

Montoya’s arrest in this incident led to his identification as the suspect in the San Marcos case.

In the San Marcos attack, a young woman had car trouble on Interstate 35 southbound near the Blanco River exit in San Marcos and left her vehicle. The suspect offered the woman a ride to a convenience store, but instead drove her under the highway bridge near the Blanco River.

The victim attempted to escape but was attacked and taken back to the suspect’s vehicle where she was sexually assaulted. The victim was later released, and the offender drove away.

The victim called 911, and San Marcos police officers arrived on the scene and recovered evidence during their investigation. The San Marcos Police Department submitted several of these evidence items to the Texas Department of Public Safety and the University of North Texas Crime Laboratory for analysis.

The Texas Department of Public Safety Crime Laboratory entered the suspect’s DNA profile into the national Combined DNA Index System (CODIS) but found no matching suspect profiles at the time, said Cmdr. Penny Dunn.

SMPD detectives investigated another possible suspect but eliminated him through a DNA comparison with the evidence recovered at the crime scene.

On Friday, May 4, CODIS informed the San Marcos Police Department Criminal Investigation Division of a match on the suspect’s DNA profile to the Austin and Buda cases.

“The efforts of the Austin Police Department Sex Crimes Unit and Crime Laboratory, the Buda Police Department, and the Texas Department of Public Safety Crime Laboratory led to the identification of Montoya in the San Marcos case,” Dunn said. “We are extremely pleased to have received the news of a DNA match and relieved with the arrest of this dangerous offender.”

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