FARMINGTON — A magistrate judge has determined there was insufficient evidence to proceed with rape charges against 18-year-old Isaiah Madrid.
The San Juan County District Attorney's Office has also dismissed rape charges against Madrid's co-defendant in the case, 22-year-old Michael Joe Demetrio Padilla.
The men were each charged Nov. 13 with criminal sexual penetration of a child in the second degree.
The men were accused of sexually assaulting a 15-year-old girl at an Oct. 19 house party in San Juan County, according to the arrest warrant affidavit.
The girl told detectives she was extremely intoxicated and passed out in a bedroom at the residence. She said she awoke to Madrid having sex with her, but blacked out, according to the affidavit.
She said when she next awoke, Padilla had entered the room and was having sex with her, the affidavit states.
Madrid told detectives the sex was consensual, a claim reiterated by his attorney, Arlon Stoker.
Stoker said a judge dismissed charges against his client after the state failed to establish probable cause at a preliminary examination on Thursday.
"It was exactly what my client said," Stoker said. "He did have sex with her, and it was consensual."
Chief Deputy District Attorney Dustin O'Brien confirmed the charges were dismissed.
"Our contention is, if you are 15 years old and intoxicated, that creates an issue regarding the capacity to consent to that kind of conduct," O'Brien said.
He said his office decided not to pursue rape charges against Padilla because of the judge's decision in Madrid's case.
O'Brien said Padilla remains accused of contributing to the delinquency of a minor, a fourth-degree felony, for allegedly supplying alcohol to the girl.