San Miguel County man accused of raping 14-year-old girl

San Miguel County man accused of raping 14-year-old girl

From the Las Vegas Optic

A 21-year-old man from Serafina was arrested this week, charged with raping a 14-year-old girl in June of 2020.

Edward C. Bustamante was booked into the San Miguel County Detention Center Monday, charged with three counts of criminal sexual penetration, third-degree felonies.

The girl reported the rape in early April, telling New Mexico State Police officers that in late June of 2020, she and a friend had snuck out of the house to go see Bustamante and another man.

Later that evening, as the girls were getting a ride home, she told police that Bustamante sat with her and began rubbing her genitals with his hand, according to an arrest affidavit filed in San Miguel Magistrate Court.

The next day, she and some friends met up with Bustamante and others again, and the girl and Bustamante went for a ride in his vehicle. She said that while riding with him, she told him she was 14 because a friend had told him she was 18.

After driving awhile, she said Bustamante stopped near a tunnel and told her to get in the back seat. She said she thought they were just going to talk, but then Bustamante told her to remove her shorts. She told police she took them off because she felt like he’d pull them off if she didn’t remove them.

The girl told police Bustamante pulled out a condom, held her legs apart and then “did what he did,” according to the affidavit. During a forensic interview in April, she said that during the rape, Bustamante told her to call him “Daddy,” and that he forced her to perform oral sex on him, and that afterward, he performed it on her.

The girl said she didn’t report the rape because at the time, she didn’t know much about sex or what it was supposed to be like, but after talking to a friend about it, she knew what had happened was wrong.

Police interviewed Bustamante on May 4. He told investigators that he’d been invited by the girl to “hang out,” and that after driving around awhile, she asked if he wanted to have sex, and he agreed.

Bustamante further told police he didn’t learn her age until after they’d had sex. However, according to the affidavit, the investigator believed there were inconsistencies with Bustamante’s story, and when questioned further, Bustamante retracted his claim and admitted to knowing the girl was 14. He said he had sex with her, knowing she was 14, only because she’d told him she wouldn’t report it to the police. He also denied having any oral sex.

In November 2019, Bustamante was arrested near Watrous after police received a call from a woman who said Bustamante wouldn’t allow her to exit a vehicle.

Police found Bustamante and the woman on a southbound Interstate 25 offramp near Watrous, and according to a statement of probable cause filed in Mora Magistrate Court, Bustamante was on top of the woman when officers arrived.

The woman told police Bustamante tried to take her phone from her, but she managed to trigger a feature that dialed 911. As she was telling the police dispatcher where they were, Bustamante grabbed the phone, climbed on top of her, covered her mouth and would not let her get out of the vehicle.

In November 2020, Bustamante accepted a plea agreement, pleading guilty to one count of felony false imprisonment. He was sentenced to 18 months of supervised probation and ordered to complete a “batterers intervention program.”

Bustamante appeared in court Monday to face the criminal sexual penetration charges. Judge Christian Montaño set bond for Bustamante at $5,000, citing that he has failed to appear in court five times in the past, and that he was on probation at the time of his arrest.

Bustamante posted bond and was released from SMCDC Tuesday. He is scheduled to appear in Magistrate Court June 8 for a preliminary hearing.