Former local jailer charged with rape
A former Kingfisher County jailer faces three felony rape charges after allegedly sexually assaulting a female inmate numerous times over several months.
Andy Rios, 31, pleaded not guilty May 11 in Kingfisher County District Court to charges of second-degree rape, forcible sodomy and rape by instrumentation.
Rios was released on $100,000 bond from Garfield County Jail in Enid, where he had been incarcerated since his May 5 arrest. He is due back in court May 26.
A 40-year-old woman reported in October that Rios allegedly had assaulted her last July 4 when she was the only prisoner in the women’s pod at the jail and Rios was the only jailer on duty.
The woman told Oklahoma State Bureau of Investigation Agent Michael Dean that Rios allegedly “threatened to do things to her daughter if she didn’t comply with his demands,” according to an affidavit signed by Dean.
Rios allegedly told the woman that “he could put on his uniform and would have no trouble picking up [her] daughter from school,” according to the affidavit.
The woman told Dean that Rios allegedly raped her on July 4 and forced her to perform oral sex then and on numerous occasions afterwards.
She said he also took cell phone photos and videos of her showering and at other times, according to the affidavit.
The woman reported the assaults to jail personnel in October while she was still incarcerated. For her safety, she was transferred to Logan County Jail in Guthrie to complete her sentence and has since been released.
The Kingfisher County Jail terminated Rios’ employment for “various reasons,” according to the OSBI affidavit.
“When this was reported, I had one of my senior level employees in the jail review camera footage to see if there was anything that looked like it was plausible,” Sheriff Dennis Banther told the Times & Free Press. “When it was returned to me that something was amiss, we immediately requested the OSBI to investigate this allegation per our standard protocol.
“The type of behavior he is alleged to have done will not be tolerated at this department.”
Video footage provided to the OSBI from July 4 showed Rios going into the female jail area and closing the door about 10 p.m. and remaining inside for about 30 minutes. Over the next three hours, the video shows Rios going into the female area on several occasions for up to several minutes at a time, according to the OSBI affidavit.
Jail Administrator Jess Ritchie also had interviewed other women who were incarcerated at the same time as the alleged victim who said that she had told them about the sexual relationship.
[Ed. note: State law does not recognize sexual contact between a jailer and inmate as legally consensual due to the imbalance of power between them. Such contact is classified by statute as second-degree rape, even in the absence of obvious force or coercion.]
The alleged victim told Dean when she arrived at the Logan County Jail, she was confronted by a female jailer who identified herself as Rios’ girlfriend and said she had found photos of the woman on Rios’ phone.
The woman was released from jail in March and contacted Dean last month to report when she opened a Facebook account on April 23, Rios sent her a friend request and messages on Facebook Messenger, to which she had not responded.
The woman allowed Dean to assume her identity on Facebook and the agent began a conversation with Rios through Facebook Messenger in which Rios discussed watching the woman in the shower and other aspects of his alleged assault, according to the affidavit.
Rios also asked to meet with the woman “just to talk” and a tentative meeting time was set.
Rios also offered to help install SnapChat for the woman because it is “more discreet” and to set up hidden files on her phone to help hide photos they could exchange, according to the affidavit.
Shortly after that exchange, Dean interviewed an inmate trustee at the Kingfisher County Jail who said that he had seen Rios come out of the female cell area with his cellphone on record mode. The trustee said he also had been told by another inmate he identified as “friends with Rios” that Rios had pictures on his phone, but did not provide further details.
OSBI agents searched Rios’ residence on May 5 and confiscated and processed his phone, finding the Facebook Messenger conversation with Dean and a file named “Keep Safe,” which contained passcode-encrypted photos and videos.
Rios refused to provide the passcode, according to the affidavit.
If convicted, Rios faces a sentence of up to life in prison without the possibility of parole and would be required to serve at least 85% of a lesser sentence before he would be eligible for parole consideration.