Florida Keys News
Saturday, December 29, 2012
Homeless man charged in rape

A 35-year-old homeless man remained jailed Friday night on a felony rape charge, after deputies said he attacked a woman who had passed out drunk on a vacant Stock Island lot the day after Christmas.

Daniel Potts, originally from New Orleans, was locked up on a $75,000 bond after deputies arrived to find him still trying to pull up his pants and zip them shut, according to the arrest report.

Melissa Damis said she was crossing Maloney Avenue by the fire station about 6 p.m. Wednesday when she saw her friend being raped by Potts and rushed over to pull him off, deputies reported.

Potts denied that he touched the woman, but then said he had only had oral sex with her, the arrest report said.

"He then stated that the witness was a 'crackhead' and the victim was a drunk," Deputy Genine Hernandez wrote in the arrest report. "The suspect continued to change his story, contradicting himself in regards to his contact with the victim."

The 49-year-old woman told deputies on the scene that she was drunk and did not give permission for Potts to have sex with her.

"I am nice to these people; I share everything with them," she reportedly told deputies. "Why did he do this to me?"

The woman, who was not identified by the Sheriff's Office, was extremely drunk when deputies questioned her.

She was having difficulty pulling her pants up, and could not stand on her own or hold her bicycle, the report said.

She did not want to go to the emergency room for an exam and did not want a victim's advocate to come to the scene, deputies said.

She was also too drunk to make a complete written statement, other than accusing the man of trying to rape her while she was intoxicated.

"She was unable to make a clear and complete thought or sentence," Hernandez reported.

In Florida, a rape committed when the victim is unable to consent due to intoxication is felony sexual battery.

In Monroe County, Potts has an Oct. 30 conviction for misdemeanor theft committed Oct. 13.

gfilosa@keysnews.com

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