CLOSE

Get an understanding of the differences between misdemeanors and felonies in New Mexico. Farmington Daily Times

The defendant was released on his own recognizance from the jail

LINKEDINCOMMENTMORE

FARMINGTON — A Farmington man is accused of multiple counts of raping and sexually assaulting a teen girl in Spring 2019 at a Farmington residence.

Jesus Fabian Magallanes-Frias, 21, is accused of four second-degree felony counts of criminal sexual penetration (force or coercion), according to court records.

Magallanes-Frias is accused of four incidents of criminal sexual penetration on a girl between 13 and 18-years-old on April 3, 2019, at a residence in Farmington, according to the arrest warrant affidavit.

Mark Curnutt, Magallanes-Frias' attorney, did not respond to a request for comment.

The Farmington Police Department investigation was launched on April 4, 2019, when a detective met a teen girl who was reporting she had been sexually assaulted at Magallanes-Frias' residence.

DNA collected, results not conclusive

As part of the investigation, Magallanes-Frias consented to police taking photographs of his residence and collecting his clothing and bedding as evidence.

He agreed to an interview at the police department, where he denied sexually assaulting and raping the girl, according to court documents.

Swabs were used to collect DNA from Magallanes-Frias, and he allowed investigators to photograph his text messages with the girl.

The detective received a New Mexico Department of Public Safety lab report in November. Multiple swabs tested positive for male DNA but not in sufficient quantity for conventional testing.

The friend was ruled out as a DNA contributor on multiple tests, according to court documents.

Magallanes-Frias or any paternal male relative could not be eliminated as possible sources in some of the tests.

Teen says two men were drinking

She told the detective about how she spent the day with Magallanes-Frias until they ended up at the residence where he lived.

Magallanes-Frias and a male friend had spent most of the day drinking alcohol, including purchasing shooters from a gas station and drinking at a Farmington Mexican restaurant, according to court documents.

All three arrived at Magallanes-Frias' residence and the teen girl and the defendant ended up in his bedroom, court records state. Magallanes-Frias' friend passed out in the defendant's bed.

The alleged incidents occurred in Magallanes-Frias' bedroom. The girl described multiple incidents of Magallanes-Frias allegedly raping and sexually assaulting her, according to court documents.

The girl said she got up and left the residence when Magallanes-Frias stopped and went to the bathroom.

She ended up at the emergency room later that night.

The defendant was released on his own recognizance from the San Juan County Adult Detention Center on Jan. 30.

Magallanes-Frias is set for his preliminary hearing on the morning of Feb. 5 in Farmington Magistrate Court.

Joshua Kellogg covers breaking news for The Daily Times. He can be reached at 505-564-4627 or via email at jkellogg@daily-times.com.

Support local journalism with a digital subscription: http://bit.ly/2I6TU0e

LINKEDINCOMMENTMORE
Read or Share this story: https://www.daily-times.com/story/news/crime/2020/02/03/farmington-man-accused-multiple-sexual-assaults-teen-girl/4645817002/