SAN ANTONIO – An Uber driver is accused of fondling and raping a customer who requested a ride home after having drinks at a Northeast Side sports bar.
Jacobo Manuel Gutierrez, 32, is charged with sexual assault. According to an affidavit, the victim told police that she was "highly intoxicated" and requested an Uber after drinking at Slackers Sports Bar off of Nacogdoches Road on Saturday.
She told police that Gutierrez picked her up, but stopped in a vacant parking lot, got in the back seat where she was and began fondling her, the affidavit said. The victim told police that he eventually stopped and proceeded to drive her home, then followed her into her apartment.
The victim told police that she remembered an unknown person on top of her, sexually assaulting her for approximately 30 seconds and that the unknown person got off of her and appeared to leave her apartment.
The victim called police to report a burglary at her apartment, but authorities said it was Gutierrez who left his cell phone inside the victim's apartment. Police talked to both following the burglary call.
The affidavit says Gutierrez went to police headquarters on Saturday and gave a voluntary statement to officers. According to the affidavit, his story changed after officers told him that the victim had submitted to a sexual assault exam.
Gutierrez initially told police that he gave the woman a ride home when she became unconscious in the back seat and that he had to touch her arm to wake her up to get the gate code for her apartment complex.
According to the affidavit, he said he followed her to her third-floor apartment because she had trouble standing and that he entered the apartment after he "heard a loud noise from inside and was concerned."
He said he helped her sit up on the couch in her apartment and that she eventually got up on her own and went to her bedroom and that he left. He said he realized that he did not have his phone and went to her apartment and knocked on her door but there was no answer.
Police arrived 10-15 minutes after Gutierrez knocked on her door and talked to him and the victim. Gutierrez left after getting his phone.
When Gutierrez was informed the victim had a sexual assault exam, he told police his passenger asked to have sex on the drive home, so he got into the back seat and began touching her inappropriately.
He told police that he did have sex with the woman, but inserted "a 'small' portion of his penis."
Police said he told them that his phone likely fell out of his pocket while his pants were off.
Gutierrez was arrested around 8 p.m. Saturday.
As of 7:50 p.m. Sunday, a mugshot of Gutierrez was unavailable.
Uber sent KSAT 12 the following statement regarding the arrest:
"What’s been reported is horrible and has no place anywhere. We’ve provided information to the San Antonio Police Department and will continue to support their investigation and proceedings in any way possible. The individual no longer has access to the app.”