An 18-year-old New Port Richey man is accused of sexually battering two girls in two separate incidents in June, according to the Pasco County Sheriff's Office. Deputies say they found another witness to the second assault who overheard what happened without actually being there:
That witness, a 16-year-old Tarpon Springs teen, told deputies he overheard the June 28 assault via an online session of the video game Grand Theft Auto.
The witness had been chatting with 18-year-old Daniel Enrique Fabian while they played online. The witness told deputies he overheard the assault because Fabian took a break from playing on his Playstation 4 but remained online and left his headset microphone on.
Fabian was arrested Nov. 21 on charges of lewd and lascivious battery on a person between the ages of 12 and 15.
He was free on bail from a June 4 incident in which the Sheriff's Office said he sexually battered another girl.
The Sheriff's Office did not identify either girl, or the teen witness to the second assault. Deputies gave this account of the latest allegation:
The 15-year-old girl went to Fabian's house on June 28. The teen witness was playing the video game with Fabian that day, and told deputies Fabian said he planned to have sexual relations with the girl.
Fabian stopped playing the game for about 15 minutes, the witness told deputies. But he left his headset on, according to his arrest report, and the witness heard the girl say "no."
The 15-year-old reported the assault. She told deputies that Fabian covered her mouth, pushed her down and sexually battered her, according to the arrest report. She said she told him four times to stop. She underwent a rape examination and the report said a "medical assessment supports the allegation of sexual abuse."
It took five months for the results of a DNA test linking him to the assault to come back, deputies said, which led to his arrest last week. The report does not say how deputies tracked down the online witness.
The first incident took place June 4. The girl, whose age was not disclosed, told deputies that she had just met Fabian a days beforehand when he assaulted her despite her pleas for him to stop. Fabian at first denied the allegations, the arrest report said, but then admitted to the acts. He was arrested June 6 on the same charge as the second incident, lewd and lascivious battery of a person between the ages of 12 and 15.
His bail was revoked in that case. Fabian was being held Monday in the Pasco County jail without bail.
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