A Montgomery County man charged with the indecent assault of a young girl has had his case bound over to court.
Neftaly Santana, 18, of Norristown, was scheduled to have a preliminary hearing Wednesday before District Judge William Kissner of Palmerton on charges of one count each of aggravated assault, indecent assault and corruption of minors.
Instead, Santana chose to waive his right to the hearing, and will go before the Carbon County Court of Common Pleas for a pretrial status conference on Nov. 15. He remains free in lieu of $25,000 unsecured bail.
According to the affidavit of probable cause filed by Trooper Nicholas A. De La Iglesia of the Pennsylvania State Police:
According to the affidavit, on June 30, at about 1:33 p.m., DCNR Ranger Dave Roberts observed the defendant and the victim, a 13-year-old female, on the edge of trail in Beltzville State Park, Towamensing Township, and could observe motion consistent with sexual activity.
When Ranger Roberts approached and identified himself, the defendant admitted that he is 18, and the victim is only 13.
The victim was interviewed by Trooper Erin Snyder at Beltzville State Park, and stated there was sexual contact, and that no force was used.
On June 30, the defendant was transported to Pennsylvania State Police at Lehighton. De La Iglesia advised the defendant of his Miranda Rights, and he submitted to a consensually recorded interview at 2:52 p.m. The defendant related that he and the victim are dating.
He related that he was aware of her age, and they are not married.