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UPDATE: Customer Claims Restaurant Employees Sexually Assaulted Her; Restaurant Closes

UPDATED: Tuesday, September 18, 2012 --- 7:20p.m.

According to a sign on the business' door, it has closed.

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UPDATED: Thursday, August 30, 2012 --- 3:50p.m.

Information from Cross Plains Police Department & Dane County District Attorney's Office:

The Cross Plains Police Department has referred charges with the Dane County District Attorney’s office of First Degree Sexual Assault against Alejandro Gonzalez-Carmona, 23 years of age of Cross Plains.

It is now up to the Dane County D.A. to file charges against Gonzalez-Carmona.

The charges stem from the investigation into the alleged assault which occurred on August 3rd, 2012 at Cinco de Mayo Restaurant in Cross Plains.

Chief Janssen of the Cross Plains Police Department states other charges are a possibility as the investigation is ongoing.

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UPDATED: Tuesday, August 14, 2012 --- 6:05 p.m.

The owner of Cinco de Mayo, Martin Valencia, says he was not at the restaurant at the time of the alleged incident, and is cooperating fully with investigators.

He says three of the employees who have been accused by the customer no longer work there. Valencia says he wants people to know his restaurant is a safe place.

Cross Plains Police Chief Thomas Janssen says they are still investigating, and at this point, no charges have been filed.

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UPDATED Tuesday, August 14, 2012 -- 3:50 p.m.

The Village of Cross Plains Police Department is investigating after a customer claims restaurant employees sexually assaulted her.

The woman claims the assault happened on Friday, August 3rd at Cinco de Mayo Mexican Restaurant, 23 Glacier Edge Square.

Police say she reported the incident on Monday, August 6th.

Officers executed a warrant at the restaurant this past Friday. The Police Chief tells NBC15 the evidence gathered will go to the crime lab for analysis.

No charges have been filed at this time.

According to the Complaint for Search Warrant, the victim says she went to Cinco De Mayo to pick-up take out that she had ordered.

She told police that when she arrived, her food was not ready and she was offered a margarita from one of the employees.

She said that after only about 15 minutes she began to feel very foggy in the head. She stated she had a very hard time keeping her balance and she could hardly walk because she was so dizzy.

Excerpt from the Complaint for Search Warrant:

(Victim) stated she requested help to get to the bathroom from one of the employees. (Victim) said the bathroom is located in a common hallway behind, but attached to, Cinco de Mayo. (Victim) said an employee did help her walk to the bathroom. This male Hispanic is only identified at male #1 currently as (victim) could not remember his name.

(Victim) said once in the bathroom the male Hispanic began kissing her. (Victim) said she did not give him permission to kiss her nor did she ask or encourage him to. (Victim) said she told the male #1 to stop and he did at this time.

According to the Complaint for Search Warrant, the victim then began walking back to the restaurant. The employee, she says, offered a bed for her to sit down. She says she questioned why they would have a bed, but accepted the offer. She told investigators that she begin blacking out; she was having a difficult time walking without support. She told police she did sit down on a cot/futon type bed located in a small storage room.

The victim says she was then sexually assaulted by the employee mentioned above. After he was finished, she says four more men, one after another, entered the area and attempted a variety of sexual acts with her.

The victim told detectives once she was left alone, she was able to walk out into the bar room. She the paid for her food and left.

The victim told investigators she went to the hospital on Sunday, August 5, for a medical examination.

According to court documents filed yesterday with the Circuit Court of for Dane County, officers did seize:
1 futon cover black top and bottom, maroon sides
1 quilted, multi-colored comforter from on futon mattress
1 pillow from on futon mattress
1 partial condom wrapper

NBC15's Carleen Wild is working to get more details on this story. She talked to the business owner. He says he is devastated by the claims, saying he wasn't there at the time of the alleged incident. He adds he is doing everything he can to cooperate with the investigation.

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Press Release from the Village of Cross Plains Police Department:

On Monday, August 6th, the Cross Plains Police Department received a report of a sexual assault. The complainant reported that on August 3rd she was picking up food at Cinco de Mayo restaurant located at 23 Glaciers Edge Square and was sexually assaulted by 5 of the employees.

A search warrant was served on Cinco de Mayo on Friday, August 10th by the Cross Plains Police Department with assistance from the Dane County Sheriff’s Department. Items were taken as evidence as part of that search and will be transferred to the Wisconsin Crime Lab for further analysis.

Employees from Cinco de Mayo were also interviewed with those interviews currently being reviewed as part of the investigation.

No charges have been filed at this time. The investigation into the allegations made in the report continues. Please contact the Police Department with any questions.


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