The Los Angeles District Attorney’s office has filed felony charges in the high-profile case of a man accused of sexually assaulting a woman as she walked through Downtown last week.
The decision comes after Long Beach’s city prosecutor urged the DA’s office to reconsider its original decision to forgo felony charges.
Miguel Avila, 30, will now face one felony count of assault with intent to commit a forcible sex crime and one count of misdemeanor sexual battery, authorities said.
“The pursuit of justice requires careful scrutiny and a commitment to upholding the safety of our community. In light of new evidence, we have taken decisive action to ensure that those who commit serious sex crimes are held accountable,” District Attorney George Gascón said in a statement Friday. “I commend the victim for her bravery in coming forward. I want to emphasize that we will pursue this case with unwavering commitment. The accused will be held accountable for his actions.”
Authorities say Avila saw a woman walking down the street in the area of Linden Avenue and Broadway in Long Beach on Oct. 20 when he exposed himself and began following her. As he got closer to her, he pulled her skirt back and assaulted her before a bystander intervened, causing him to flee, prosecutors said.
Avila was eventually arrested and detectives filed the case against him to the DA’s office. But the DA’s office declined to file charges due to the evidence they had at the time.
The DA’s office then referred the case to the Long Beach City Prosecutor’s office for filing consideration.
The prosecutor’s office filed misdemeanor sexual battery and vandalism charges against Avila, but in an email asked the DA’s office to reconsider the decision not to file felony charges.
“If you look at the facts closely I think you will agree this could be an attempted rape, or assault with attempt to commit rape,” Long Beach City Prosecutor Doug Haubert wrote in the email.
After receiving the email, the DA’s office said it would again review the case and consider felony charges.
A prosecutor within the DA’s Sex Crimes Division “meticulously” reviewed the case, according to the DA’s office, including new evidence presented by the Long Beach City Prosecutor’s office “that was not initially submitted to us” and made the decision to file felony charges against Avila.
“We thank the Long Beach City Prosecutor’s Office for bringing the new evidence to our attention,” they added.
Avila remains jailed in lieu of $75,000 after being charged with misdemeanors last week. Prosecutors will request for his bail to be increased to $150,000 following the new felony filing, authorities said.