WRENTHAM (CBS) – An Uber driver charged with raping a woman in his SUV last month in Wrentham is being held without bail.
Melvin Guerrero-Encarna, 33, of Lynn, pleaded not guilty at his arraignment Tuesday afternoon in Wrentham District Court on two counts of rape.
According to the police report, he picked up the woman shortly after she left a party at a condominium complex in Franklin early Sunday morning April 28. The woman told officers she called the Uber because she was too drunk to drive to her friend’s house in Wrentham.
Police said Guerrero-Encarna took the woman to Wrentham, but he stopped a short distance from her destination and then jumped into the back seat and raped her. The woman told officers she was in the back seat for more than an hour and ended up with brusies on her arm, leg and back. She eventually went to her friend’s home and then went to a hospital, where police were notified.
Investigators said Uber later provided them with records of the ride, which was a 3.53 mile trip but it lasted one hour and 13 minutes.
Guerrero-Encarna was later identified as the driver and arrested. According to the police report, he is a native of the Dominican Republic and in the United States on an immigrant visa. His wife is an American citizen.
Guerrero-Encarna’s attorney, Robert Carmel-Montes, claimed his client is the victim here and the facts will exonerate him.
“There was no assault here,” Carmel-Montes told reporters outside court. “I think that the facts will bear out here there’s a predator in this case, but it’s not the man behind bars.”
“I think the facts will bear out that the alleged victim knew exactly what she was doing,” Carmel-Montes said “She left him her phone number at the very end of their interaction.”
When asked why a short ride took more than an hour, Guerrero-Encarna’s attorney said the woman was “discussing all of her problems with him and she had asked to be dropped off a little bit before her final destination, claiming that there were dogs or something outside and she didn’t want them barking while she was talking to him.”
Carmel-Montes said his client also had nothing to do with the woman’s bruises.
“He’s never had any negative reviews. He has no criminal record. He’s a lawful permanent resident, he‘s been in the country for five years, has strong family support and he will vigorously contest these charges,” Carmel-Montes said.
“What police have reported is very upsetting and has no place on the Uber app,” an Uber spokesperson told WBZ-TV. “The driver’s access was removed as soon as this was reported to us.”
Guerrero-Encarna is due back in court Thursday, May 9 for a dangerousness hearing.