Sal Hernandez, 36, owner of Mi Mexico Restaurant in Gallatin, was arrested Oct. 9 and is in custody at Daviess-DeKalb County Regional Jail.
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He is charged with sodomy or attempted sodomy first degree, unclassified felony; kidnapping second degree, D felony; and assault third degree, E felony. The charges were filed on Oct. 10. Bond was denied. He is scheduled to appear for a preliminary hearing in Daviess County at 9 a.m. on Tuesday, Oct. 16.
According to the probable cause statement prepared by Daviess County Deputy Jared Hogan:
On Oct. 9 at approximately 8:30 a.m. at 304 N. Market Street in Gallatin, Salvador Hernandez did knowingly have deviate sexual intercourse with a confidential victim who was incapacitated at the time and incapable of giving consent. Hernandez admitted to the act after being advised of his Miranda rights. The victim was transported from the scene by ambulance, as the victim was in an altered state of mental capacity and was unable to communicate.
Also at the time and place stated above, Hernandez did knowingly restrain the victim unlawfully and without the victim’s consent by taking the victim’s cell phone away while the victim was incapacitated and attempting to get help to escape the situation. This substantially interfered with the victim’s liberty and exposed the victim to a substantial risk of serious physical injury.
Due to the victim’s altered state of mental capacity and physical injuries sustained inside the residence, the victim was transported from the scene by ambulance and treated at a hospital.
Prior to Hernandez taking the victim’s cell phone, the victim was able to send a text message to another party who responded to the residence and attempted to gain access for approximately 30 minutes.