Nicholas Davila is “adamant” he didn’t rape an acquaintance as she slept in a Shelton home. But a judge rejected his request to have his bond lowered so he can return to his job while the charges are pending.
Davila, 40, has been behind bars since his arrest last October on charges of first-degree sexual assault, risk of injury to a minor and second-degree unlawful restraint.
According to an arrest warrant written by Detective Christopher Nugent, a 20-year-old Shelton woman said she fell asleep inside her stepmother’s Kneen Street home after celebrating a friend’s birthday and woke up when she felt Davila breathing heavily on her neck and sexually assaulting her.
The woman’s 1-year-old son was sleeping next to her on the bed when the sexual assault was occurring, she told police.
Davila allegedly left the home, where he was staying at the time, after which the woman’s stepmother called him and asked him what happened.
“I can’t go back, I feel horrible, I don’t know I did that to her,” Davila allegedly said. “She was always so kind to me.”
The stepmother asked Davila if he had raped the victim. “Well if that’s what she’s calling it, then yeah I did,” he allegedly replied.
The warrant says the woman showed police text messages Davila sent her apologizing to her and saying “I don’t know what came over me,” blaming alcohol he had drunk during the birthday party.
In an interview with police, the warrant says Davila said he had passed out and “thought he was dreaming and all of a sudden it didn’t feel right.” He said the victim had initiated the sex but told her “this is wrong, you got me drunk and this happened” before leaving the home.
In court Wednesday, Davila’s public defender, Kenneth Bunker, asked Judge Peter Brown to lower Davila’s bond from $75,000 to $15,000. He said Davila could live with family in Milford and wear a GPS monitoring bracelet while working two jobs to support his daughter, who is pregnant.
A bail commissioner told the judge Davila’s record includes convictions for breach of peace and failing to appear in court and recommended he keep Davila’s bond at $75,000.
“He does have motivation to come to court because in this particular instance he is adamant that he is not guilty of the charges,” he said.
The judge denied the motion and continued the case to April 3.