Police link DNA to 2005 assault

LAS CRUCES — A Las Cruces man has been arrested in connection with a 2005 rape in which a woman was assaulted in her home, after DNA tests allegedly linked him to the crime, police said.

Joshua Ray Garcia, 22, of the 900 block of Española St. was arrested Tuesday and charged with criminal sexual penetration, kidnapping and aggravated battery, according to a news release.

Sometime after 2 a.m. on Nov. 12, 2005, a then-19-year-old woman went to lock her apartment door at 2600 E. Idaho Ave., when a man forced his way inside, according tp police. He then demanded money, sexually assaulted and threatened her and refused to let her leave, police said.

The victim described the suspect as a Hispanic man with brown eyes and a shaved head and police were able to create composite sketch of the man. Despite several leads, a suspect could not be positively identified.

In May 2006, after testing evidence from the crime, the New Mexico Department of Public Safety's forensics lab sent police detectives a DNA profile of the suspect. On Tuesday, the state's crime lab notified Las Cruces Police detectives that the DNA profile from evidence at the crime scene matched that of Garcia's, whose DNA sample was taken after being placed on probation in December 2005.

Garcia was arrested at his residence and taken to the Doña Ana County Detention Center, where he was being held on a $20,000 cash bond and a $10,000 surety bond.

Garcia will face an additional charge of attempting to escape from custody when he was at a local hospital for tests, the release said.

A DNA sample played a similar role in identifying a suspect in the murder and rape of New Mexico State University student Katie Sepich, who was killed in 2003.

Gabriel Avila's DNA sample was taken as part of his conviction for burglary and other crimes that were committed a few months after Sepich was killed.

In late 2006, Avila's DNA sample produced a partial match to DNA found on Sepich's body. With the partial match, detectives were able to obtain a search warrant to acquire another sample from Avila, which produced a better match.

Avila allegedly confessed to killing Sepich when questioned by investigators.

Avila is being held in the Central New Mexico Correctional Facility in Los Lunas. He waived his arraignment in March and at that time pleaded not guilty to Sepich's killing.