By JAMES BELL
Hays Post
A Hays resident is facing attempted rape charges following allegations of a home invasion and the sexual assault of a resident.
At around 3:41 a.m. Sunday, Hays Police were dispatched to the 400 block of West Sixth for a report of a male that had entered the home, Hays Police Chief Don Scheibler said.
But before officers arrived, the suspect had been subdued, he said.
"Officers arrived on scene and found the suspect lying down on the porch," Scheibler said.
Upon investigation, officers found the suspect had been pacified by an acquaintance of the person in the home who had been sexually assaulted by the suspect, he said.
The suspect — later identified as Bryan Alberto Chihuahua, 22, Hays — resisted arrest, leading to additional charges, according to Scheibler.
Chihuahua was arrested on suspicion of attempted rape, aggravated burglary, battery, felony interference with law enforcement and theft.
Formal charges from the Ellis County Attorney's office are pending.
Chihuahua was seen by a District Court on Monday, according to Ellis County Attorney Robert Anderson, and was released on a $75,000 bond.
While on bond, Chihuahua has been ordered to refrain from illegal activity and drug or alcohol consumption, reside with his parents, consent to GPS monitoring, maintain contact with his attorney, and be present at scheduled hearings, he said.
"The Ellis County Attorney is in the process of reviewing the matter for formal charging decisions," Anderson said. "The court has given the state a deadline of March 22 to file charges.
"Arrests and subsequent charges should be viewed merely as an accusation," he added. "All defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt."