WHEATON (WGN) — A Chicago man faces two felony counts of criminal sexual assault and two misdemeanor counts of driving under the influence after allegedly sexually assaulting a woman who believed he was her Uber driver, prosecutors in DuPage County announced on Friday.
Jose Cornelio Evaristo, 42, will remain behind bars following a court appearance on Friday, concerning the charges.
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Prosecutors allege that just before 12:50 a.m on Thursday, April 23, an Elmhurst police officer saw a 2011 Nissan Rogue parked on the shoulder of Route 83 with a man reportedly in the front passenger seat, facing toward the back of the vehicle.
Approaching police allegedly then saw the man, later identified as Cornelio Evaristo, get out of the vehicle with his pants unbuckled and unzipped. The officer noticed a woman in the front passenger seat, nude from the waist down.
The victim appeared to be asleep, prosecutors stated.
Upon further investigation, officers learned that the victim had taken a train to Chicago to attend a concert. At some point, the victim ordered an Uber to get home and entered Cornelio Evaristo’s vehicle, believing it was the Uber she had ordered. Sometime later, Cornelio Evaristo stopped his vehicle on Route 83 in Elmhurst and sexually assaulted the woman, according to prosecutors.
Officers arrested Cornelio Evaristo at the scene. Authorities allege he had a blood-alcohol content level of .08 at the time of his arrest.
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Cornelio Evaristo is due back in court on Monday, May 18.
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