NEW YORK. A Dominican taxi driver from Uber and Lyft, identified as Melvin Guerrero Encarnación, 33, is charged in court in the city of Wrentham, Massachusetts, of twice raping a passenger in the back of his vehicle, after She requested the service through the application so that she could transport it to a friend’s house.
But Guerrero Encarnación’s defense attorney, Robert Carmel Montes, alleges that the charges are false and that the sexual relationship between the Dominican taxi driver and the unidentified 28-year-old woman was consensual.
“The facts will exonerate my client, although we recognize the seriousness of the charges and he maintains his innocence and will fight to be acquitted,” the lawyer added.
He denied that Guerrero Encarnación, assaulted, sexually assaulted the woman and said that she gave the taxi driver her phone number after their meeting in the early morning of April 28.
Speaking to reporters outside the Wrentham District Court, the lawyer said that his client’s defense will be that the meeting was consensual.
“They are very serious charges, but at the same time there are two sides of the coin,” said Carmel Montes. “He will vigorously dispute these charges.”
Guerrero Encarnación, a resident of the city of Lynn (Massachusetts), pleaded not guilty to two counts of rape and was jailed without bail pending a dangerous hearing on Thursday.
He is charged with raping a woman in the back of his vehicle on a secluded street in Wrentham shortly after picking her up at 2:30 AM on April 28 at the Clearmont Condominiums building in the Franklin suburb.
The woman told the police that she left a party and told the Uber driver that she was intoxicated, according to the file.
After arriving at a friend’s house, the alleged victim told the other woman that she believed she had had sex with the Uber driver who transported her.
He allegedly sustained bruises on his arms and legs and complained of back pain, but the taxi driver’s defense attorney said his client did not hurt the woman.
The lawyer explained that the woman was lucid when she told her client about her problems during a 45-minute conversation in the vehicle. Before she left, she gave Guerrero Encarnación her phone number, says the defense lawyer.
He said Guerrero Encarnación has no criminal record, has lived legally in the United States for five years and has a 3-year-old son. It has transported 13,000 customers for both Uber and Lyft and has never had a negative rating, the lawyer said.
Uber eliminated Guerrero Encarnación from the list of drivers in his application after police denounced the company’s alleged violation, a company spokesman said.
“What the police have reported is very annoying and has no place in the Uber application,” the company said. “The driver’s access was removed as soon as they informed us.”
According to the police report, Guerrero Encarnación, a native of the Dominican Republic, is in the United States with an immigrant visa that allows him to stay with his wife, a citizen of the United States, as a permanent resident.
The lawyer said the Dominican taxi driver has a large family support network and that two dozen family members came to the court to support him on Monday, when the appearance was expected. He asked that only five members go to court yesterday.
Guerrero Encarnación, was arrested by police of Lynn during the weekend with an arrest warrant obtained by the police of Wrentham.
The detectives obtained a search warrant and their Uber data during the investigation.
In a statement Tuesday, Chief of Police Bill McGrath recommended taking care when using any transportation service. He said the unmarked vehicles used by companies that share trips are easily mixed with the environment, unlike the taxis and buses identified.
“The safest transportation practice, especially for women, is to travel in groups and review the security protocols implemented by the service,” said Officer McGrath.