Teen says Pocatello man raped her after they drank alcohol
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POCATELLO — Pocatello Police arrested a 40-year-old man after a 12-year-old girl said he had raped her while he was drunk.
Gonzalo Enrique Guerrero of Pocatello was charged in two cases. He faces felony charges of rape of a victim under 16, sexual abuse of a child under 16, lewd conduct with a minor and two charges of unlawful possession of a firearm by a convicted felon.
If he is found guilty, he faces a potential punishment of up to life in prison.
According to court documents, police dispatchers received a phone call at around 12:30 a.m. on Oct. 11, in which dispatchers heard the victim in distress.
The victim was heard over the phone crying and pleading for help, telling dispatchers that Guerrero was drunk and that “he raped me.”
The victim said Guerrero forced her to drink, and she needed an ambulance.
While police were heading to the home, dispatchers heard Guerrero trying to get into the bathroom while the victim was inside.
Dispatchers said they heard her screaming at Guerrero to leave and asking another person for help.
Guerrero was detained, and another officer went to speak with the victim at Portneuf Medical Center.
A search warrant was obtained, which sought DNA from Guerrero, as well as firearms and alcohol that may have been provided to the victim.
In a room belonging to Guerrero, police found an AR-15 rifle with seven 30-round magazines loaded with ammunition and a 9mm handgun.
The document states that after his Miranda rights were read to him, he told officers that he had been drinking alcohol with the victim and had bought drinks for her from a nearby gas station.
Guerrero said while he was talking with her, he fell asleep on the floor, and after he woke up, he found the victim in the bathroom panicking on the phone. He said he had taken the phone from her and saw it was 911; he then gave it back to her.
When informed of the allegations made by the victim, Guerrero became emotional and denied that he did that. According to documents, Guerrero said he did not remember much of that night, but he and the victim had recorded videos, and he apologized if he had done something wrong.
The document states that Guerrero said he requested an attorney, and the questioning by police stopped.
A search warrant to collect his DNA was executed, and, according to documents, Guerrero claimed he had never raped the victim and became agitated, striking the wall with his hand. When investigators told him not to damage the wall, he fell to his knees and cried.
The document states that when police were photographing Guerrero’s body, there were several red marks under his left arm and on his ribs. The man said he did not know how he got the marks.
Guerrero’s clothing items were collected and swabs were taken of his person. While waiting, Guerrero asked to write an apology letter to the victim. The letter was taken as evidence.
Guerrero is scheduled to appear before Magistrate Judge David Penrod at 9 a.m. on Nov. 18 for a preliminary hearing.
Though Guerrero has been charged with these crimes, it does not necessarily mean he committed them. Everyone is presumed innocent until they are proven guilty.