A 18-year-old facing felony charges for sexually assaulting an underage girl earlier this month is in the U.S. illegally after coming to the country as a baby, a Department of Homeland Security official told the Washington Examiner.
Florida man Daniel Enrique Fabian was arrested Nov. 21 — after he was heard over a PlayStation microphone that he left on after gaming — for alleged sexual battery of a 15-year-old girl who was at his house.
“DHS can confirm Daniel Enrique Fabian entered the United States on a B-2 visitor visa in 2001 from Peru. As a reminder a B-2 is only for up to six months. Fabian did not re-apply and remains illegally present in the United States,” said the DHS official, who spoke on background Thursday to speak openly about the case.
Fabian was out on bond at the time of the incident after being charged with sexually assaulting another 15-year-old girl in an incident prior to this one, which occurred June 28, according to a local news outlet.
Local law enforcement in New Port Richey, Fla., said they received a tip about the incident from a person who had just played “Grand Theft Auto” against Fabian.
The 16-year-old witness, whose name was protected, had contacted police after Fabian told the gamer he planned to “smash” a girl that night who was also at his house.
After they played each other, Fabian left but did not turn off his microphone. The other gamer — still listening on his headset — heard what sounded like a girl tell Faban “no.”
The alleged victim later told police she had been sitting on a bed in Fabian’s room when he covered her mouth and overtook her by pushing her down then sexually assaulted her. She said she yelled “no” four times.
The unnamed minor completed a Sexual Assault Victim Exam and DNA evidence that was swabbed from on her thigh matched Fabian’s DNA, according to authorities.
Fabian is being held without bail on two felony counts of lewd and lascivious battery with a victim 12 to 15 years of age.
He was arrested following a June 4 incident in which he allegedly sexually assaulted another girl between the ages of 12 and 15 at his home.
