Tooele Transcript Bulletin – News in Tooele, Utah

January 10, 2019
Object rape charge against man dismissed in 3rd District Court

A felony charge has been dismissed and the case closed in 3rd District Court against a Woodstock, New York, man Tuesday in 3rd District Court. 

Elijah S. Pineiro-Zucker, 19, had been charged with first-degree felony object rape after he allegedly assaulted a woman on an Amtrac train traveling through Tooele County. On Tuesday, the charge was dismissed without prejudice and the case was closed on a motion by prosecutors. 

The charges against Pineiro-Zucker originated from a May 18, 2018, incident, in which the Utah Highway Patrol was called to the Salt Lake City Amtrak station on reports of a sexual assault, according to a probable cause statement. The train conductor told troopers a passenger, later identified as Pineiro-Zucker, had assaulted a woman on the train. 

Two witnesses, including the arresting officer, were examined and cross-examined during a July 3 preliminary hearing. After reviewing the body camera footage, Judge John Mack Dow found there to be probable cause to bind the case. 

During arraignment on July 31, Pineiro-Zucker pleaded not guilty to the charge and a two-day jury trial was set to begin on Oct. 31, with a final pretrial conference on Oct. 9. 

During the Oct. 9 pretrial conference, a second preliminary hearing was set as the alleged victim’s testimony from the first was not recorded. Pineiro-Zucker’s attorney also motioned for a bail reduction, from $100,000 to $25,000 bondable, which was granted by 3rd District Court Judge Matthew Bates, over an objection from prosecutors. Pineiro-Zucker posted bail on Oct. 11. 

A new pretrial conference date was also set at the Oct. 9 pretrial conference for Jan. 8, and the trial date was set for three days, beginning on Jan. 16. The second preliminary hearing, originally set for Nov. 27, was then rescheduled to the Jan. 8 date. 

On Tuesday, prosecutors motioned to dismiss the charge, which was granted by Dow. The case was closed, the jury trial canceled and the bond was released. 

showe@tooeletranscript.com

 

2 thoughts on “Object rape charge against man dismissed in 3rd District Court

  1. Pingback: New York man charged with felony after sexual assault on Amtrak train « Tooele Transcript Bulletin – News in Tooele, Utah

  2. Pingback: New York man has sexual assault trial date pushed back « Tooele Transcript Bulletin – News in Tooele, Utah

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