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Man accused of rapes, molestation of child withdraws request for reduced bail
The attorney, however, withdrew the motion Wednesday, declining to argue for a reduction.
McElroy is being held at the Smith Correctional Facility.
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He’s scheduled to appear for a felony settlement conference on April 7 at the Banning Justice Center.
The defendant was arrested and arraigned on the charges connected to the girl roughly a year ago, pleading not guilty. He had been released from custody at that time after posting a $55,000 bond.
Banning police detectives received information afterward concerning two women, identified in court documents as “A.S.” and “M.H.,” who alleged they had been sexually assaulted on different occasions in 2015 and 2016.
According to an arrest warrant affidavit filed by Detective Jack Loera, A.S. and M.H. came forward after hearing about the charges related to the 12-year-old girl.
By City News Service
Loera said A.S. alleged she was attacked sometime in 2015, though she couldn’t identify a specific date due to faded memory and other unstated issues.
The woman told the detective she had engaged in consensual sex with the defendant on prior occasions and didn’t think authorities would take her seriously regarding the alleged rape, so she waited for M.H. to make her allegations before disclosing her own, according to the affidavit.
The affidavit stated that A.S. recalled having a fight with her husband and asking McElroy for help, prompting him to take her out for drinks at a pub near his residence, which was then in Grand Terrace.
The woman and McElroy returned to his house later that night, and the victim told him she “was intoxicated and tired and wanted to go to sleep, at which time McElroy told her she could lay down on his bed in his room,” the affidavit stated.
Loera said the woman alleged McElroy climbed on top of her, and despite being told “No! and fighting him,” the defendant pinned her arms down, pulled off her pants and forcibly sexually assaulted her.
M.H. told the detective she briefly rented a room from the defendant in April 2016, and after the two of them went out for drinks, she returned home “intoxicated (and) went to her room and laid down,” according to the affidavit.
“The (victim) said moments later McElroy walked into her room uninvited,” court papers stated. “She told McElroy, ‘No, Steve, go to your room.’”
However, the defendant forced himself on her, raping her “for approximately three to four minutes,” in spite of her shouting “’no’ at least six times,” Loera wrote.
The alleged molestation of the 12-year-old girl occurred on Dec. 26, 2021, in Banning, but the child’s relationship to the defendant, if any, were not disclosed in court docu- ments. McElroy has no
Eduardo Espinoza has prior felony convictions including for grand theft, and has failed to appear for court hearings several times in the past, officials said. Carlos Espinoza has no felony convictions in Riverside County. Lozoya has a felony conviction for receiving stolen property. The three defendants were free on bail.