22-year-old apprehended by witness

A Purdy man has been arrested on four felony charges after allegedly breaking into a victim’s home and attempting to rape the victim.

Fabian Perez-Garza, 22, of Purdy, is charged with first-degree rape or attempted rape, first-degree burglary, second-degree domestic assault and second- degree kidnapping.

According to a probable cause statement filed by Sgt. David Young, the victim reported Perez-Garza, with whom the victim had a history broke into her home unlawfully on Sept. 15 while she was asleep, entered the bedroom and when told to leave, struck her on the left side of the face.

Perez-Garza then allegedly strangled the victim and used his other hand to force her to have sexual intercourse. The victim reported she told Perez-Garza “no” multiple times, and Perez-Garza would not let her leave the residence for about two hours.

Young said in the statement Perez-Garza is an illegal immigrant with no known permanent residence and remains a danger to the victim, community or any other person.

The victim also claimed Perez-Garza had broken into her home on several other occasions while she was not present.

Perez-Garza was apprehended on Sept. 24 by a witness, Young’s statement said.

Jackie Lowe, Purdy police chief, said Perez-Garza was possibly attempting to break into the home again when two individuals apprehended and held him down, flagging down law enforcement passing by to make the arrest.

Perez-Garza was initially being held in the Barry County jail on no bond, and the court denied any change in a bond hearing on Sept. 28. A motion for continuance was also denied on Oct. 25, and a preliminary hearing was held on Oct. 26 in the courtroom of Judge Robert Foulke. At that hearing, Perez-Garza’s bond was reduced to release on own recognizance and turned over to Immigration and Customs Enforcement. ICE lists Perez-Garza as in custody at the Chase County Detention Facility in Cottonwood Falls, Kan.