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A man accused of raping another man while he was asleep is headed to Los Alamos Magistrate Court to face charges next month.
Gregory Thompson, 28, Los Alamos, is charged with two counts of criminal sexual penetration, both third degree felonies; attempted criminal sexual penetration, also a third degree felony; and attempted criminal sexual contact, a fourth degree felony.
He faces 10 1/2 years behind bars and a $20,000 fine if found guilty of all the charges.
The police report regarding the incident tells the following story: On Feb. 12 at 4:21 a.m., Los Alamos Police Cpl. Christopher Ross responded to a domestic call. Once Ross arrived, the undisclosed caller was pacing around the kitchen and seemed to be upset.
According to the victim’s account, he was visiting Thompson to help with some construction. They had begun drinking that evening around 9 p.m. until 2:30 a.m. at which point both went to sleep — Thompson on the couch and the victim in a bed in another room.
The victim alleges around 4 a.m., he was awakened by someone in bed with him.
He also alleges that the person grabbing him began whispering “relax, just let it happen. I won’t tell anyone.”
He identified the voice as Thompson’s and swung his elbow at him, striking him on the face and continued to hit him until Thompson let go.
The report states that the victim alleges Thompson ran into the bathroom to clean his wounds and then fled the property.
Later that morning at 4:12 a.m., the victim received a text from Thompson stating, “(blank) I’m sorry that is all. It was a misunderstanding, we didn’t touch other than you kicking my (expletive) I’m sorry.”
At approximately 6:32 a.m., Sgt. James Rodriguez and Ross interviewed Thompson, who waived his Miranda rights, the report states.
Thompson explained that he had taken several shots of liquor that night and 15-20 minutes after the victim went to sleep, he entered the bedroom, took off his clothes and got into bed with him, the report states.
Thompson said he performed oral sex on the victim while he was asleep.
“Mr. Thompson stated that he never noticed (the victim) to be awake, nor did he hear or feel (the victim) reject what was happening,” the report said.
The report states that Thompson said that at that time he had no reason to believe the victim was awake.
The report states that Thompson then tried to reposition, kiss and arouse the victim, at which point the caller awoke and began striking Thompson.
During the commotion, another person walked in on the scene as Thompson grabbed some clothes and left to his parents’ house.
Thompson said he called the police to report that he had been beaten up, the report states.
The report also states that Thompson did have a cut on his forehead and some swelling around the wound.
After the interview Thompson was placed under arrest and taken to the Los Alamos Detention Center.
He was bonded out by bondsman Jerry Gonzales for an undisclosed amount.
Thompson’s attorney Dan Cron could not be reached for comment.
Thompson’s preliminary hearing, where he will be hearing the charges against him and making a plea, is April 26.