Ice cream vendor accused of raping 12-year-old runaway

MISSION — An ice cream vendor stands accused of raping a 12-year-old runaway girl.

Fidel Hernandez Garcia, 17, an undocumented immigrant, was charged with aggravated sexual assault Wednesday afternoon at the office of Hidalgo County Justice of the Peace Ismael "Melo" Ochoa. The judge set the teen’s bond at $50,000.

The girl’s mother told sheriff’s deputies Tuesday that her daughter ran away from home, according to a news release issued by the Hidalgo County Sheriff’s Office. The woman told investigators she believed the girl, who had been missing for 24 hours, was with an ice cream vendor who frequented their neighborhood on the 6300 block of Charro Street.

After investigators made contact with the girl via telephone, she eventually disclosed her location at Hernandez’s home, the news release states. There, sheriff’s deputies arrested the teen and gathered a pillow case and a comforter from his room as evidence. The alleged victim was also examined for signs of sexual assault at McAllen Medical Center.

It is The Brownsville Herald's policy not to identify those who may be victims of sex crimes.

During an interview with investigators, the girl said she and Hernandez had agreed to have sex at his home, according to the news release. In a written statement, she said the pair had met a month before while Hernandez was selling ice cream in her neighborhood.

Hernandez provided investigators with a statement that corroborated her story, the news release states.

However, at his arraignment Wednesday afternoon, the teen contradicted that earlier statement and denied that the pair had engaged in sexual intercourse. He said he was aware of her age during the time they spent together.

Hernandez, who has no local criminal record, remained at the Hidalgo County Jail on Wednesday afternoon.

If convicted of aggravated sexual assault, the teen could face up to life in prison and a possible fine of up to $10,000.