19-year-old accuses Doña Ana County of failing to prevent rape in jail

LAS CRUCES — A former Doña Ana County inmate filed a tort notice last week against the county, alleging officials didn’t prevent him from being raped by fellow inmates while he was being held at the facility earlier this year.

The notice, filed Thursday by attorney W. Shane Jennings, states the 19-year-old inmate was arrested for DWI in June and booked into the Doña Ana County Detention Center, 1850 Copper Loop.

The Las Cruces man, whose identity is being withheld by the Sun-News because of the claim he’s a rape victim, was in the holding cell of the booking area in the detention center, when he was assaulted by two other inmates, according to the tort notice.

After the attack began, the inmate “cried out for help during the assault and at least one officer responded to the incident by saying: ‘Ya’ll cut that s--- out in there.’ ” The officer “did nothing further,” the tort claim alleges.

The former inmate has a slight stature and is an “ethnic minority,” which should have put the county on notice that he could be targeted for sexual assault, Jennings contends.

According to court records, the inmate was about 5 feet, 8 inches tall and weighed about 140 pounds.

The former inmate reported the rape to the detention center and is seeking charges against the two people who assaulted him, the notice states. He also “preserved evidence of the rape,” according to the document.

Doña Ana County officials said they can’t comment on threatened or pending litigation.

The notice could lead to a lawsuit against the county. Sometimes, such notices result in financial settlements before a lawsuit is filed.

According to court records, the 19-year-old man who filed the tort notice is facing a misdemeanor charge for a first-time DWI offense, as well as two petty misdemeanors. According to the Doña Ana County Sheriff ’s Department, the man was arrested after he was seen driving north on Motel Boulevard in a vehicle that was swerving out of its lane. The vehicle had a flat rear driver’s side tire, and the front driver’s side wheel had only a rim with the tire missing. His breath tested negative for alcohol. But he had slurred speech and watery eyes and acknowledged having taken two types of medications, including a sedative, according to court records.

The DWI case is pending.