By Javier Valdes and Chris Mateo
The Runner Staff
CSU Bakersfield’s University Police Department officers located the subject that inappropriately touched at least two students between the Walter Stiern Library and the Student Affairs Office on Aug. 29 around 3 p.m.
The perpetrator was found the following day around 1:20 p.m., just north of Dorothy Donahoe Hall after he allegedly attempted to touch another student but missed after the female student sidestepped him.
UPD Chief of Police Marty Williamson attended Friday’s Associated Student Inc. meeting to speak to students about security on campus, including the unlawful touching incident.
Williamson said that the incident was not sexual assault and that at best it might fall under unlawful touching.
There was no “timely warning,” as defined by the clery act, sent out to CSUB students following the Aug. 29 incident in which one victim said that she made eye contact with the suspect before he inappropriately touched her.
“I was on the phone and I made eye contact and he came up and I thought he was going to shake my hand but then missed my hand and touched my butt,” said the victim.
The Runner does not publish the names of victims in order to protect their identities.
The victim did not realize what she had experienced until she saw another woman being approached by the same man and touching her in a similar manner.
The victim said that she was unsure whether to report the incident until she realized that it wasn’t just her that he touched.
Williamson was working with many people trying to get the information out a day after the incident when he got the call that students had spotted the suspect near DDH.
A campus bulletin highlighting the details of the incident was sent out to students a few hours after UPD officers located the suspect.
UPD officers were not able to arrest the suspect since the law does not allow the officers to arrest somebody on a misdemeanor not committed in their presence.
“Rest assured, we looked at every angle that we lawfully could to try to take that guy to jail and there was nothing we could do,” said Williamson. “ We did everything, trust me, I was there.”
Instead, the subject was banned from campus for seven days under PC 626.
Under Penal Code 626.6 a person who is not a student, officer or employee of the university may be asked by the chief administrative officer to leave the campus if they are suspected of committing any act that is likely to interfere with the peaceful activities on campus.
“If that person fails to do so or if the person willfully and knowingly reenters upon the campus or facility within seven days after being directed to leave, he or she is guilty of a misdemeanor,” according to PC 626.6.
If the subject decides to return to campus within the seven-day period then UPD can then take legal action against him.
“If he (the suspect) comes back and we find him, he has now committed a misdemeanor trespass of which we can then take lawful action because he has committed a misdemeanor in our presence,” said Williamson.
Williamson is confident they caught the right guy after the description given by the victims fit to a tee and after a witness was able to identify him.
The campus bulletin students received described the suspect as a Hispanic male, 5 feet 10 inches, 160 pounds, black hat and shorts with tattoos on both legs.
“One of our witnesses actually picked him out, we were able to get that witness from a previous day and did an in-field lineup,” said Williamson. “He didn’t know we did, but we got an in-field line up and she picked him out, so we know we are dealing with the same guy.”
As for now all cases have been sent to the District Attorney for review.
“If the District Attorney sees that there’s…enough elements for a crime or crimes, then they will issue a criminal complaint, a judge will issue a warrant, set bail,” said Williamson. “If we find him…we can arrest him on the warrant and then the case will be adjudicated in court.”
