By: Alex Evans
DULUTH, Minn. – A Duluth judge issues a warrant for a Texas man after he fails to make his first appearance in court on attempted rape charges.
A warrant has been issued for a Texas man after he failed to make his first appearance in St. Louis County District Court on attempted sexual assault charges, according to court records. Jimmy Toledano, 34, is accused of trying to assault a female friend at her Duluth home on March 11, but was not present Monday for his first scheduled court date.
In a statement to Duluth Police, the victim said that prior to the incident, she began texting with Toledano, whom she described as an “acquaintance,” at around 2:20 a.m. as she was leaving a bar. She agreed that Toledano could come over to her residence to drink, but specified she was “not trying to bang.”
While drinking together, Toledano asked if he could sleep in the victim’s bed. The victim agreed, but as she went to sleep on the couch, Toledano asked her to sleep in the bed with him. The victim again agreed, though she told him that she did not want to have sex. She told police that she was wearing underwear but no pants when she got into bed and started to fall asleep.
The victim told officers that Toledano started to press and thrust his penis against her, while putting “his hand over her mouth.” When she warned Toledano she would yell for her brother-in-law, who lived in a neighboring apartment, Toledano allegedly covered her nose and mouth for roughly 35 seconds.
According to the complaint, the victim thought she was going to die during the alleged suffocation. She was able to break away from Toledano after trying to bite his hands and wrists, and ran into the kitchen to grab a knife.
The victim yelled “get the f*** out” as Toledano “grabbed his items quickly and rushed out of the house before putting his shoes on.”
Police attempted to interview Toledano, who invoked his right not to speak with them, but did provide a DNA sample. Two different male DNA profiles were found on the victim’s underwear, and according to the criminal complaint, Toledano was a match for the “minor” profile.
Toledano is charged with third-degree attempted criminal sexual conduct and has a pre-set bail of $100,000. He could be facing a maximum possible sentence of seven and a half years in prison.
The Twin Ports Report 