ETX man found not guilty of attempting to sexually assault a sleeping woman
Jose Diaz. Photo Source: Angelina County Jail.
Editor's note: The following story contains graphic language.
LUFKIN, TX (KTRE) - A Lufkin maintenance worker was found not guilty of attempting to sexually assault a sleeping woman living in an apartment complex in which he was working, according to Angelina County Jail records.
Jose Otilio Diaz, 35, of Lufkin, was acquitted of attempted sexual assault, a third-degree felony.
According to an arrest warrant affidavit, the victim was sleeping in her bedroom at Acadia Arms Apartments, located at 1806 E. Denman on Jan. 6 while her roommate was in the living room.
The affidavit claimed, the roommate answered the door and Diaz was there and asked to come in the apartment to fix the dishwasher and check on the heater and thermostat. The roommate let him in and told him the alleged victim was asleep in another room, so that he would not wake her. The roommate went to the master bedroom and allegedly heard screams a few minutes later.
The roommate grabbed a pistol and ran to the bedroom and saw Diaz standing over the victim's bed, according to the affidavit. The victim was crying and telling Diaz to stop, according to the affidavit. The roommate told Diaz to get out of the apartment and she followed him out.
The alleged victim told the roommate she woke up to Diaz pulling off her shorts and felt that he would have continued the assault if she had not helped her, according to police documents.