By Michele Chadwick
MODESTO, CA -Daniel Diaz allegedly broke into a residence with occupants on July 6, 2021, and this week Judge Shawn Bessey of the Stanislaus Superior Court heard his case in a preliminary hearing.
One of the residents testified about the incident, saying that on July 6 he was home with his mother-in-law and two daughters aged six and 14.
He testified that Diaz allegedly “was going around the house looking for which way he could get in and my mother-in-law saw him. She told me about it and I went outside.”
The resident testified that he had an interaction with Diaz, noting, “He was grabbing the door and shaking it, the screen door. I told him to leave and he was just stubborn to get in. He left, I thought. But he went around and got in a window.”
After the accused left, the resident testified he was “looking around to see where he was when I heard the bang from him coming in the window.” The resident testified that the window Diaz allegedly climbed through was his minor daughter’s bedroom window.
The resident testified that when he got to his six-year-old daughter’s room, Diaz was about 10 feet away from her bed where she was sleeping. She did not wake up during the incident.
He testified that when he entered the room, Diaz’ pants “were down low and he was touching himself and kinda mumbling.”
To deal with the stranger in his daughter’s bedroom, the resident testified that he “just grabbed him.”
Deputy David Horne of the Stanislaus County Sheriff’s Department testified about when he arrived at the scene on July 6.
He testified that when he arrived, he “observed the defendant duct taped together. Hands and feet bound.”
According to Deputy Horne, the resident had duct-taped Diaz “because he got into a physical altercation with the subject and he was constantly struggling with him. So he duct taped him to keep him on scene.”
Deputy Horne testified that while the accused was detained, he attempted to question him but “he wasn’t really able to answer my questions.”
When questioned about why the defendant could not answer questions, Diaz responded, “I believe that he was under the influence of a controlled substance.”
While detaining Diaz, Deputy Horne testified that the suspect told him that “the homeowner was a rapist and he was there to save the kids.”
Deputy Horne also testified Diaz told him that he was from the FBI and undercover.
Judge Bessey found that there was sufficient evidence for the charges of burglary, kidnapping, prowling and intention of sexual assault. There was not sufficient evidence for child endangerment charges.