A Wichita Falls man accused of aggravated sexual assault is on trial in 89th District Court, with testimony beginning Tuesday afternoon.
Efrain Muniz, 45, was arrested Feb. 4, 2011, during what officers believed to be the commission of the offense after the woman's mother called police.
The victim is Muniz's former wife, who filed for divorce April 21, 2011, just days after Muniz was indicted. According to a probable cause affidavit, the couple were separated at the time of the alleged sexual assault.
Officer Peter Schied testified Tuesday, saying he was one of two Wichita Falls police officers to arrive first on the scene.
Schied said he heard a woman crying for help about two houses down as they approached the residence. He said the screaming got louder as they approached the home, and another officer kicked the door in, and he entered the home.
Schied said he saw Muniz standing over the victim, who was sitting on the couch with nothing covering the lower half of her body. The officer also noted in the affidavit that Muniz had his genitals exposed.
He was ordered to the ground at gunpoint. Schied said Muniz repeatedly said he didn't touch her, that she was his wife. Schied noticed Muniz was intoxicated because of the odor of alcohol, and the suspect exhibited slurred speech and had trouble standing. Nothing indicated to officers the victim was intoxicated, and Schied said she was visibly scared and frantic.
According to the arrest affidavit filed in the case:
Muniz had gone to her home uninvited about two hours earlier and tried to touch the victim and kiss her.
After Muniz made sexual advances toward the victim, she went into the bathroom and called her mother, telling her to call police.
When she came out of the bathroom, Muniz was outside the door and followed her to the living room, where he pushed her onto the couch and took off her clothing.
Schied noted in the affidavit scrapes on both sides of the victim's neck, middle back and shoulder blade.
Defense attorney Chuck Smith argued in his opening statement to the jury that the victim did nothing to stop Muniz from "prying her legs open" for over an hour.
Smith said at one point she even went to the bathroom and called her mom, but she never called police.
Testimony is expected to continue at 9 a.m. in 89th District Court.