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Local News

April 30, 2013

Stephens County alleged incident results in arrest

DUNCAN — A Hastings man is facing charges of aggravated assault and battery charges, following an alleged assault on a woman in Stephens County

Rudy Rodriguez Diaz, 29, was arrested Wednesday by the Stephens County Sheriff’s Department relating to an alleged disturbance in the Beaver Point subdivision within Stephens County. Aggravated assault and battery occurs when great bodily injury is inflicted.

According to an affidavit filed by Deputy Aaron Mitchell, “Dispatch advised that a female (. . .) called in and sate that (Diaz) struck her in the face and tried to strangle her.”

While Mitchell was en route to Beaver Point, dispatch advised him that the woman had put down the phone and “dispatch could hear both parties yelling at each other. Dispatch then advised me that (the woman) came back on the line and requested that no deputies come to her residence,” according to the affidavit.

The initial call came in around 2:24 p.m. Wednesday, and by 2:41 p.m., two sheriff’s deputies, including Mitchell, arrived on the scene. As they proceeded to the front door of the residence, they met with the woman on the front porch, according to the affidavit.

According to the affidavit, “I immediately observed white marks and numerous indentions across (her) throat as if something had been wrapped around her throat. (She) spoke with a hoarse voice and had difficulty speaking without coughing. I observed petechiae in the whites of (her) eyes as well.

“(She) was visible shaken and was crying hysterically. I asked (her) what happened, and she stated ‘nothing, I don’t want to press charges.’”

The two deputies asked what happened to the woman’s neck, and she responded “nothing” multiple times, according to the report. The woman said Diaz and she “had a verbal altercation and that was all.”

The woman said Diaz had left in a Dodge Charger before the deputies arrived, according to the affidavit.

“(She) repeatedly refused to allow Deputy Burchfield to take pictures of her injuries,” according to the report. “(She) also state that Rudy couldn’t go to jail because she has no family or anywhere to go.

“While speaking with (her), a gray in color Dodge Charger pulled into the driveway. A Hispanic male got out and (I) asked if he was Rudy, and he stated ‘yes.’ I asked Rudy what transpired between him and (the woman). Rudy stated that (the woman) attacked him, and he pushed her off of him and took his belongings and left.”

Diaz said the woman attacked him with a knife and he defended himself, according to the affidavit.

According to the report, Mitchell inquired if Diaz had any injuries because Mitchell didn’t observe any, and Diaz pointed toward a an inch-long scratch with little redness and no scabbing on his left cheek.

“Rudy stated ‘well y’all can just take me to jail then,’” according to the affidavit. “It was at that time I placed hand restraints on Rudy and advised him he was under arrest for domestic violence.”

Diaz was transported to the Stephens County Jail.

On the way to the jail, Diaz told police officers he didn’t call the police but told the woman to call because he “knew it was about to get out of hand,” according to the report. On Monday, Diaz posted a $10,000 bond.

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