Affidavit alleges incident followed night of drinking; two counts later dismissed for citation error

Damien Willis, Organ Mountain News

LAS CRUCES - An 18-year-old Las Cruces man faces five felony charges after investigators alleged he assaulted a 17-year-old relative following a night of drinking earlier this month.

Court records show Anthony Yandel Delgado was arrested Oct. 14 and charged the next day in Doña Ana County Magistrate Court with two counts of Criminal Sexual Penetration in the Second Degree (Child 13–18), two counts of Attempt to Commit a Felony to wit: Criminal Sexual Penetration in the Second Degree (Child 13–18), and one count of Incest.

According to a sworn affidavit filed by Doña Ana County Sheriff’s Detective Armando Alaniz, deputies were called Oct. 9 to a home in the Mesilla area after a woman reported that a teenager had been sexually assaulted.

During a forensic interview, the teen told investigators the incident occurred after he became ill from drinking alcohol and fell asleep at the residence. He said he later awoke to find Delgado allegedly assaulting him. The affidavit notes the teen was confused and partially conscious at the time, and that he later disclosed the encounter to relatives.

Investigators collected clothing for forensic testing, and a sexual-assault nurse examination was completed, according to court filings.

Judge Linda Flores issued a warrant for Delgado’s arrest Oct. 14, ordering that he be held without bond. He was taken into custody later that day, booking records show.

On Oct. 15, Magistrate Judge Bryan Gelecki dismissed two additional counts — both alleging Criminal Sexual Contact of a Minor — after prosecutors cited the wrong statute. The dismissal was without prejudice, meaning the charges may be refiled.