The suspect had to be shaken awake by police.
By IAN HILL
VINDICATOR STAFF WRITER
AUSTINTOWN -- A township man set to go on trial Aug. 1 on a 1998 rape charge was arraigned Thursday on charges that he broke into his neighbor's apartment Sunday and slept in her bed.
Police also are continuing their investigation of allegations that he raped a 12-year-old girl in the apartment Sunday.
Enrico Davis, 29, of Fountain Square Drive, had been on house arrest from March until July 5 as part of his bond for the 1998 rape charge. Judge Robert Lisotto of Mahoning County Common Pleas Court released Davis from house arrest July 5 after his lawyer said he had a full-time job. Davis worked as an assistant manager at a shoe store in Southern Park Mall.
This morning, the mother of the 12-year-old girl said she was "devastated" when she learned that Davis was out on bond on the rape charge. The mother said she was not aware that Davis had been released from house arrest until she was contacted by The Vindicator.
"Of course I was hurt," she said. "I cannot understand it." The mother said she learned about the previous rape charge Monday at an arraignment hearing for Davis.
She added that although Davis lived nearby, she had never seen him before he was arrested.
The attorney for Davis had requested the house arrest after authorities took him to jail in December for not appearing for the first scheduled trial on the rape charge.
Davis was arraigned Thursday in Mahoning County Court in Austintown on the latest charge of aggravated burglary. The case was bound over to a county grand jury.
He was arraigned Monday on a misdemeanor charge of resisting arrest. The charge was dismissed.
Allegations: Police say Davis entered his neighbor's apartment by breaking a ground-level window early Sunday. The 12-year-old girl called her grandmother and told her to bring police to the apartment after Davis had fallen asleep in the bed.
A 17-year-old girl was baby-sitting the 12-year-old when the attack occurred, the mother said. Davis was awakened when he was shaken by police officers. Police say he then struggled with police as he was being handcuffed.
He also fought with officers as he was taken to a cruiser, police said. He was taken to the county jail.
The mother said she took the girl to Forum Health Northside Medical Center after. A rape kit was done at the hospital and sent to a state crime laboratory for testing. An earlier report said the girl's grandmother had taken her to the hospital.
County prosecutors did not oppose ending the house arrest. They did file a motion Monday asking Lisotto to revoke Davis' bail, according to court computer records.
The motion was not included in the court files for the case, however, and the county prosecutor who filed the motion could not be reached to comment Thursday.
Rape charge: The earlier charge of rape stems from a report made by a 10-year-old girl in October 1998. The girl told police Davis forced her to perform sex acts on him several times over a three-month period.
A Mahoning County grand jury secretly indicted Davis on that rape charge Feb. 18, 1999. The indictment was unsealed Feb. 23, 1999, and a trial was set for Oct. 10, 2000.
When Davis did not appear for the trial, an arrest warrant was issued. He was arrested in St. Louis and extradited to Ohio on Dec. 29, 2000.
The trial date was then reset for Aug. 1.
Lisotto placed Davis on house arrest with work-release privileges March 13 without opposition from county prosecutors.