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Friday, August 20, 2010

El Paso man dies after alleged sexual assault attempt

8-18-2010 Texas:

EL PASO -- An alleged sexual assault led to the death of a man after he was hit with an aluminum bat.

Albert Aguirre, 46, of the 2900 block of Mobile Avenue in Central El Paso, died Wednesday of injuries he received when he was hit with a bat by another man about 3 a.m. Saturday, police said. The man who hit Aguirre has not been named by police. A woman told the El Paso Times that the man was a relative protecting her from Aguirre.

Police said they were responding to call that morning about a sexual assault in progress when they found Aguirre lying in the 3000 block of Mobile Avenue.

Aguirre had severe injuries to his head, police said. Witnesses told police that Aguirre's injuries were the result of a verbal confrontation that escalated into a physical attack, police said.

Police said Aguirre was taken to University Medical Center. He was on life support until he died Wednesday, police said.

A 27-year-old woman who lived several houses away from Aguirre alleged that he tried to sexually assault her in her bedroom early Saturday morning. The El Paso Times does not name alleged victims of sexual assault.

"He was under the influence of alcohol and drugs and was trying to rape me. He put his hands under my skirt and tried to touch my private parts," she said.

The woman said she tried to fight Aguirre off while he was touching her and was eventually able to push him out of her room and into the street.

While they were in the street, Aguirre started punching her, she said.
The woman said a relative came to help her. The relative tried to help her push Aguirre away, which enraged Aguirre, she said. Aguirre grabbed the relative by the neck, she said.

That relative then grabbed an aluminum bat and swung it once -- a blow that was enough to take Aguirre down -- she said.

Aguirre lay in the street until police arrived, she said.

The woman said she knew Aguirre and his relatives socially. They have been harassing her and her family ever since the incident, she said.

On Wednesday afternoon, Aguirre's family members were gathered in his front yard drinking and talking. They were angry and upset when news reporters attempted to speak with them.

The woman said that Aguirre's family had already been to her house once on Sunday and that she was afraid they might try to retaliate against her.

"They're saying that I invited him over, and I'm like, come on. What am I going to do with a 46-year-old man?" she said.

The woman said that her heart goes out to Aguirre's family even though she felt threatened by them. "I am so sorry for what they're going through. I wish this would have been different," she said. ..Source.. by Maggie Ybarra

Update: Man Killed With Bat Has Criminal History

Albert Aguirre Has Nine Convictions, Served At Least Seven Years In Prison

EL PASO, Texas -- Update:

ABC-7'S I-Team uncovered Albert Aguirre's criminal history. He is the man killed Saturday morning with a bat after he allegedly tried to rape a woman. Court documents show he has spent at least seven years in prison and has nine criminal convictions.

- ROBBERY (convicted, 1986)

- POSSESSION OF MARIJUANA (convicted, 1987)

- EVADING ARREST (pleaded guilty, 1999)

- DWI (pleaded guilty, 2006)

- HARASSMENT (pleaded guilty, 2007)


- DWI (pleaded guilty, 2008)

- BURGLARY OF A BUSINESS (convicted, no date specified)

- DELIVERY OF MARIJUANA (convicted, no date specified)

Previous Story:

An El Paso woman said she would have been just another rape victim if another man hadn't stepped in, grabbed a bat and started swinging at her alleged attacker.

Nearly four days later, that alleged attacker was taken off of life support on Wednesday after suffering severe head injuries. The incident happened just before 3 a.m. Saturday on Mobile Avenue in Central El Paso.

"I feel very bad because I've gone through this before," said the 27-year-old El Paso victim. She did not want to be identified because she said she is afraid of retaliation. She said the attack happened after she left a bar.

The man, whom police have identified as 46-year-old Albert Aguirre forced his way through her front door. Aguirre lived just down the street from the woman. She said he has a violent history, including a previous rape charge.

"I went toward the door and struggled with him as he was trying to take my clothes apart, putting his hand under my skirt, touching my private parts," the woman said. "I could smell the liquor and the alcohol on him and he smelled like marijuana."

She also said the man was covered in vomit and urine as she fought to push him down the driveway and into the street. The woman said a man, whom she did not want to identify, but who lives in the neighborhood heard her screaming for help.

"A person came outside to help me and take him off me," she said. "That person while defending me caused Albert Aguirre injuries so bad that it caused his death."

She said her attacker started choking the man when he grabbed a bat and swung - just once - at her attacker. Police said he suffered severe head injuries.

"I thank that person who helped me because if it wasn't for that person I just would have been another rape victim again and who knows if he has AIDS or if he would have gotten me pregnant again," she said.

Since the incident, the woman said she has been threatened several times by Aguirre's family.

"Knowing that you can't live in your home where home is supposed to be peace and safety and now we can't have that," she said. "I want to say to the family that I am so sorry for what they're going through. But I say to the family to also put themselves in my shoes and put themselves in that person's shoes who defended me and I think any person would have done the same thing."

So far, no charges have been filed in the case but Crimes Against Persons is investigating Aguirre's death. Aguirre's family refused to comment about the incident. ..Source.. ABC-7 Reporter Marissa Monroy

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