The Duncan Banner

Local News

August 23, 2010

Elser to change plea

Elser to face rape, burglary charges

DUNCAN — Stephanio Domanick Elser, 25, of Duncan, was facing charges of first degree rape and burglary in the first degree for an alleged incident that occurred June 6, 2009. Elser initially pled not guilty to the charges but will appear before a judge Tuesday, Aug. 31, with a guilty plea.

Assistant District Attorney Dennis Gay said the maximum punishment for first degree rape is five years to life imprisonment. Burglary in the first degree can carry a sentence of seven to 20 years imprisonment. Gay said because of Elser’s previous felonies, all of his charges could result in life imprisonment.

The affidavit states that the victim, who had a protective order against Elser, woke up to Elser in bed with her the night of June 6, 2009. The victim ran into another room as Elser followed her. According to the affidavit, Elser told the victim that if she had sex with him, he would leave her alone “for good.”

At that time, the victim noticed her cell phone was missing. She asked Elser if he knew where the phone was, he denied knowing the location of the phone, the affidavit states. The victim asked Elser how he got into her house. He told her through the front door.

The victim noticed the front door remained locked with a dead-bolt. She told Elser that he needed to leave. He began removing his clothing and told her he was going to have sex with her one more time before he went to jail. He threw her on the couch and attempted to have sex with her.

The affidavit states that after Elser tried and failed to have sex with the victim, he began to cry and laid on top of the victim for 10 minutes. He repeatedly told her he was sorry. He put his clothing back on an asked the victim to drive him to the end of the road. The victim obliged if Elser would return her cell phone. Elser told her that he did not have her phone.

After she dropped Elser off, the victim went home, got her children, and went to the Duncan Police Department.

When investigating the scene, a piece of the victim’s panties was discovered on the table. The victim said Elser must have taken the panties with him. A marker that Elser left in a cup, two photos, and a half-smoked cigarette were collected as evidence. The investigation showed a window was pried open by Elser to gain access to the house. The window would not close because of the damage.



— David Laughlin is a reporter for The Duncan Banner. He can be reached at 580-255-5354, Ext. 144, or via e-mail at david.laughlin@duncanbanner.com.

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