Man charged with Overland Park sexual assault was previously convicted of attempted rape
A Kansas City, Kansas, man charged in connection with a sexual assault committed Tuesday in Overland Park had been previously convicted of attempting to rape an 11-year-old girl in New York, according to court records.
Gabriel P. Hernandez, 37, was charged Thursday with rape, two counts of aggravated criminal sodomy, one count of aggravated burglary and one count of theft, according to Johnson County court records.
The alleged theft and assault took place at approximately 2:40 a.m. Tuesday in a home near West 97th Circle and Reeder Drive in Overland Park.
The victim did not know Hernandez, Overland Park Police Chief Doreen Jokerst said. They were transported to a local hospital with injuries that were not life-threatening early Tuesday morning.
Overland Park police arrested Hernandez on Wednesday afternoon, according to court records. He is being held on a $750,000 bond.
The earlier assault occurred in 2006, when Hernandez was living in Bronx, New York, according to the New York State Sex Offender Registry. According to the registry and to New York court records, Hernandez dragged an 11-year-old girl into a stairwell on a street corner in the Bronx and allegedly covered her mouth with his hand as he attempted to rape her.
In connection with the sexual assault, Hernandez was convicted of first-degree attempted sexual abuse on Feb. 7, 2008, a crime that carries a prison sentence of 16 months to four years in New York.
He was designated a Tier II sex offender in New York, a category reserved for perpetrators of violent sexual crimes. According to court records, he refused to complete a court-recommended recidivism and treatment program designed for convicted sex offenders.
On May 13, 2014, a New York appeals court rejected Hernandez’s bid to be downgraded to a lower tier of the state registry.
Hernandez will next appear in Johnson County court on Dec. 5 for a preliminary hearing.
