After a motion hearing Nov. 29, a 10-day jury trial has been scheduled for a former Walworth County Sheriff’s deputy accused of sexual assault and threatening behavior.
Gerardo Baca, 37, is facing 20 felony charges filed in March of 2022, including six counts of second-degree sexual assault of an intoxicated victim, a count of second-degree sexual assault with use of force, three counts of third-degree sexual assault and one count of attempted second degree sexual assault, as well as counts of threats to communicate derogatory information, capture of nudity or intimate representation and a count each of stalking and child enticement.
At the hearing Nov. 29, the judge denied a motion by Baca’s attorney on a sever motion, which is generally filed to have separate jury trials on different charges. The court will issue a written decision on a rape shield motion by Dec. 16, and the state withdrew a motion regarding prior acts.
A status conference is scheduled for Jan. 30, with jury status set for June 30 and a 10-day jury trial set to start July 10 and run into the week of July 17. While the Waukesha County District Attorney’s Office is handling the case, the jury status hearing and jury trial are set to be held at the Walworth County Courthouse.
The criminal complaint filed in March states that the investigation began Feb. 1 with Victim B, who said she was assaulted by Baca in May 2020. Victim B said that after a night of heavy drinking, Baca offered her a chance to “sober up” at his house, located in the city of Delavan.
The victim said she told Baca that she would not sleep with him, but later woke up with her pants removed and Baca reportedly having intercourse with her. She added that Baca has cameras “all over his house,” which he reportedly uses to watch his dogs. She told law enforcement she did not believe Baca when he told her he shuts them off when he is home, and that Baca had assaulted her two other times.
A Feb. 3 interview with Victim A revealed she was raped as well, the complaint contends. She alleged that Baca had invited her over after an incident at her workplace and proceeded to have sex with her in spite of her telling him no several times.
The woman said Baca later told her that he told others it was consensual, and she told him that was wrong, according to the complaint. She then told the investigator that Baca told others she was lying, and threatened both her and her boyfriend with criminal investigations – and that he had video, audio and pictures.
Baca allegedly went on to continue contacting her through text messages and other forms of social media. According to Victim A, he then threatened her with saved social media posts that would exonerate him and “you would be called out as a liar.”
Baca spoke with detectives and said that the sexual encounter was consensual, though he allegedly admitted she originally said she was not interested in sex.
On Feb. 24, investigators interviewed Victim C, who also detailed a sexual assault, this one in 2012. During the course of the investigation, other victims were identified, Victims D and E. Both detailed additional sexual assaults, Victim E on several different occasions.
According to the complaint, a review of Baca’s electronic devices found a pair of videos of him and Victim E having sex. In the videos, it appears the woman is intoxicated, and Baca denied several times that he was recording when asked.
Victim E admitted during the investigation that she was a severe alcoholic between 2012 and 2021, to the point she would suffer blackouts. The report indicated evidence of her inviting him to join her for a drink, but she said she was intoxicated, did not give consent for either sex or recording it and later woke up in Baca’s spare bedroom without knowing how she got there.
Additional investigation uncovered a Victim F, who admitted to a consensual relationship with Baca. However, police found recording of their relationship, and the woman said she knew there were times she was being recorded but “was too afraid to say no to him.”
Victim D was under the age of 18 when the allegedly sexual assault took place.
