David Kantun-Vera, 30, is charged with criminal sexual penetration of a child and kidnapping, both are first-degree felonies that carry 18-year prison sentences if convicted, Chief Deputy District Attorney Dustin O'Brien said.
He appeared in Magistrate Court Thursday for a preliminary hearing. Matthew Cockman, Kantun-Vera's attorney, asked for and received a 30-day continuance. Cockman couldn't be reached for comment on Thursday.
Magistrate Judge Barry Sharer set Kantun-Vera's bond at $1 million, cash only.
Kantun-Vera was a family friend and assaulted the child at her father's home in Aztec, according to the affidavit for his arrest.
The affidavit said Kantun-Vera took the child into her father's bedroom, took her clothes off and held her down as he assaulted her with his hands while she cried.
The victim's 7-year-old brother peered underneath the door and witnessed part of the assault, according to the police report.
Aztec police Sgt. Joe Gonzales said the girl reported the assault to her mother and father several times before they realized she had been assaulted and took her to the hospital several weeks later.
"Based on the fact that she told mom, she told dad, I think it leads a little more to her credibility," Gonzales said.
Health care workers at Childhaven did an examination on the child and police interviewed
There was no physical evidence to the assault, but Gonzales noted in his police report that both children have very strong vocabularies for their ages and described the assault in detail.
The victim's brother "became noticeably uncomfortable while talking about the incident," Gonzales wrote in his report. He "continually rubbed his eyes as if he was trying to wipe the image from his eyes."
Ryan Boetel may be reached at email@example.com.