Man Convicted of Rape of Fellow Student in an Angelo State Dorm

SAN ANGELO, TX — Alex Cabello was booked into the Tom Green County Jail at 9:02 p.m. Tuesday night with no bond.  At 8:40 p.m. the jury found Cabello guilty on count one, not guilty on count two.  The guilty verdict was unanimous.  The punishment phase began at 9 a.m. Wednesday morning.  Count one was sexual assault intercourse, of which the jury found him guilty. Count two was sexual assault using his hands, of which he was found not guilty.

Accused rapist Alex Cabello was the only witness the defense called to the stand in his sexual assault trial Tuesday and at the end of the day, the jury was unable to reach a unanimous verdict.

His San Antonio attorney Kimbel Ward made no opening statement in the trial and just a short one beginning his defense after the state rested its case.  Ward told jurors the only thing they needed to remember was that Cabello did not rape the victim on the evening of Sept. 13, 2016.

The day began with prosecutors calling Ann Stevens to the stand.  Stevens is the Sexual Assault Nurse Examiner (SANE) at Shannon Medical Center who conducted the examination of the victim.  

Stevens testified that the victim was quiet and cooperative but disheveled.  She detailed for jurors the multiple injuries the victim suffered. Stevens told jurors the victim had numerous bruises on her arms and legs along with neck and breast bruises consistent with the victim’s version of the sexual assault that allegedly took place in a dorm room at Angelo State University.  

Jurors seemed uncomfortable viewing photos taken during the sexual assault examination showing bruising and a bite mark on her breast.  

After Stevens finished her testimony, prosecutors called Gema Guerra to the stand.  Guerra is a DNA Analyst with the Texas Department of Public Safety Crime Lab in Lubbock.  Guerra testified about how DNA testing is done and described in detail the swabs and smears and other evidence gathered in this case.  In reference to the towel, underwear and bedding we reported yesterday that wasn’t tested, Guerra said once they have a known source of DNA, they don’t need to do anymore testing.  

Guerra told jurors they found Cabello’s DNA in the victim’s underwear and on swabs taken from the bite mark on her breast.  She said that statistically, the likelihood that the DNA belonged to Cabello was 28.9 quadrillion times more likely than not.   

Guerra’s testimony ended the prosecution’s presentation of evidence.  Once the State rested, it was the defendant’s turn to present evidence and witnesses.  

Ward called only one witness to the stand; the defendant Alex Cabello.  Ward asked Cabello if he raped the victim on Sept. 13, 2016. He said, “I did not.”  Cabello went on to tell jurors he and the victim worked on his English essay for 15 to 20 minutes.  Then he walked her to the door, hugged her and she left.

The only evidence Ward presented to the jury was three photos of Cabello’s teeth.  Cabello said the photos show his teeth are crooked. Ward said the pictures of the bite mark on the victim show straight teeth.  

Under cross examination, Cabello was asked if he Snapchatted with the victim.  He said he had and that both of them agreed to have sex. He told jurors Snapchat deletes the message as soon as you hit send.

Cabello denied having sex with the victim. He said he didn’t find her attractive in person.

Cabello said, “I did not cause those bruises.  I do not know how my semen got into her underwear.”  Adding, “I do not know how my DNA got on her breast.”  

Ward asked Cabello if he had had sex in his dorm room recently.  He told jurors he had sex the day before and there was a condom in the trash and a towel on the floor that might have contained his DNA.  

The defense rested after Cabello’s testimony and both sides closed.  The court then broke for lunch and the trial resumed again at 1 p.m. District Judge Jay Weatherby told jurors he was working on the charge, or jury instructions, with the attorneys.  At 1:57 p.m., the judge read the charge to the jury.

Then both sides presented closing arguments.  Prosecuting attorney Meagan White recapped the prosecution’s case telling the jury that the victim had only been away from home for a few weeks and had agreed to help Cabello with his English homework.  She didn’t want to meet in his dorm room. That was his idea. She may have been young and naive.

White told jurors the victim said "no" many times during the sexual assault, had multiple bruises, and there was a bite mark on her breast with Cabello’s DNA in it.  White said all the evidence shows Cabello is lying.

Cabello’s attorney kept her closing remarks short.  She said Cabello did not rape the victim. He didn’t do it.  

With that, the jury began deliberating whether Alex Cabello was innocent or guilty of sexually assaulting the victim in his dorm room.  They had been deliberating about 15 minutes before they sent a letter to the judge requesting to see several pieces of evidence including the 45 minute video of Cabello’s interview with Angelo State University Police on Sept. 14, 2016, all the DNA evidence and all the photos.  That took a couple of hours.

Then came the shocker.  At 4:47 p.m. after a break, the jurors sent the judge a note.  The note said they were deadlocked with 11 votes guilty and one vote not guilty and that was not likely to change anytime soon.  

After careful consideration and consultation with attorneys, Judge Weatherby sent back a note telling jurors that if they couldn’t reach a unanimous verdict, the court would have no choice but to declare a hung jury and dismiss them.  The indictment would still be pending and the case would likely be tried by another jury duly selected in the same manner as this one. The new jury would face the same grave questions this jury was facing. He encouraged them to keep deliberating without violating their consciences.  

At 5:30 p.m. Tuesday, the jury sent another note to the court.  It asked the court for a recess for the day and to continue deliberations on Wednesday and that they be allowed to go home.  

The judge and attorneys researched the court’s options.  Defense attorney Ward told the court her client would make a motion to keep the jury deliberating through the night even if that meant sequestering the jury members.  That means they would not be allowed to leave until they reached a unanimous verdict or declared they were deadlocked.

The judge said he would take the jury to dinner and then bring them back to the courtroom to continue deliberations into the evening.  He did tell attorneys he may release jurors, allow them to separate and go home for the night, after they deliberated for some time Tuesday night.