By Patrick Mcardle
THE RUTLAND HERALD
A State Street man is facing life in prison after police accused him of sexually assaulting a woman who was giving him a ride home on May 8.
Daniel Santopolo, 27, of Rutland, pleaded not guilty on July 6 in Rutland criminal court to a single felony count of sexual assault with no consent.
Santopolo was released on a $25,000 unsecured appearance bond, which means that he was not required to give the court any money, but if he fails to appear at future court hearings, he could owe the state up to $25,000.
Santopolo was ordered not to have contact with the woman who reported the alleged assault and not to have, buy or drink alcohol, as well as to have no alcohol in his home and not to enter any bar or restaurant that serves alcohol unless accompanied by specific people designated by the court.
The charge against Santopolo is based on an affidavit written by Detective Cpl. Adam Lucia, of the Rutland City Police Department, who said he was assigned to investigate a complaint on May 25.
Lucia said he met with a 28-year-old woman on June 3 at the Rutland County Child First Advocacy Center to interview her about her allegation that Santopolo sexually assaulted her on Park Avenue.
The woman said she was giving a ride home to Santopolo, who she said was a friend she had known since 2018, from the Center Street Saloon on May 8. The woman said she had never been in a relationship with Santopolo and had never had sexual contact with him.
The woman said she was trying to get Santopolo home but she didn’t know where he lived and he said he would only tell her if she let him grope her.
The woman said she was already uncomfortable with what was happening and then Santopolo began to touch her but he began to give her directions so she did not say anything.
Lucia said the woman told him she stopped the car on Park Avenue and told Santopolo to go inside to his wife but he wasn’t getting out of the car. She alleged he opened his pants, grabbed her by the back of the neck and forced her to perform a sexual act.
The woman said “she did not know how to react but just wanted Santopolo out of the vehicle” and said “she was just waiting for it to be over.”
The woman told investigators that she couldn’t get away from Santopolo because he was allegedly holding her neck. But she said before he allegedly put his hand on her neck, she had told him she didn’t want to do anything with him, and that he needed to go inside.
According to the affidavit, the woman went to see a friend on Crescent Street. While there, she “threw up” and talked to her friend.
She said when she went home, she sat in her car for a few hours before going inside and going to bed.
While the affidavit does not specify the date, the woman said she later tried to contact Santopolo through social media. She said he told her he didn’t remember what happened because he had been “blackout” drunk. She said she told him what she remembered from that night.
Lucia said the woman provided a copy of the online conversation she had with Santopolo.
She said Santopolo had since blocked her on social media.
According to the affidavit, Santopolo had apologized during the online conversation and made a reference to “how intoxicated he was but that it’s no excuse.”
On June 23, Lucia was granted a warrant that allowed him to record a conversation between the woman and Santopolo.
The affidavit said the conversation took place on June 27. Santopolo told the woman he couldn’t remember what happened but said he didn’t believe the woman had made up the alleged incident or lied about it.
Lucia noted that Santopolo never denied the woman’s allegations.
The friend who the woman said she visited on Crescent Street spoke with Lucia on June 28. The friend said the woman had come to her home to tell her she had been sexually assaulted. The friend said the woman didn’t give her details but “just cried for a while.”
However, the friend said the woman gave her more details of the alleged incident later and pointed out a Park Avenue home where she said the man who sexually assaulted her lives.
A friend of Santopolo told Lucia on June 28 that he was with Santopolo on May 8. He said Santopolo was highly inebriated. He said Santopolo allegedly told him later he had tried to persuade the woman to have sexual contact with him.
According to the affidavit, police contacted Santopolo on July 1 and he agreed to come to the Rutland City police station on July 5. On July 5, Santopolo contacted police and said he would want an attorney present when he spoke to police.
Lucia said Santopolo came to the police department on July 6. He did not waive his rights to remain silent and was not questioned, Lucia said.
If convicted, Santopolo could be sentenced to up to life in prison but he would also be subject to a penalty of not less than three years in jail, according to the statute.
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