Family vendetta leads to rape, arrest in New Caney

February 26, 2013 6:44:30 PM PST
A 21-year-old man is behind bars for allegedly sexually assaulting a 14-year-old girl, and the suspect reportedly claims his actions were an act of revenge against the victim's family.

The Montgomery County Precinct 4 Constable's Office has investigated and arrested another child predator, but this case is unusual, if not unique.

Charles Andrew Capps, 21, of New Caney is charged with second-degree felony sexual assault of a child and third-degree felony online solicitation of a minor.

When the victim's mother found out her 14-year-old daughter was receiving lewd photos from what appeared to be an adult male through Facebook, she fought back, gathering her own evidence and taking it to law enforcement officials.

The man -- later identified as Capps -- was sending inappropriate photos and continued sending them using a fake name, even after he was told the girl's age, officials said.

The mother confronted Capps on Facebook, but he was hostile and suggested she "call Spiderman" for help, authorities said.

Spiderman wasn't available, but the constable's office was. The mother collected evidence, including screen shots of the inappropriate messages and photos Capps allegedly sent, and called the constable's office in January.

Pct. 4 investigators Captain Mark Seals and Sergeant Arturo Looza were able to trace the account to an IP address belonging to a registered sex offender in New Caney. But they ended up hitting a brick wall. The registered sex offender at the address was not the culprit, officials said. Instead, he was framed. Investigators said Capps was using someone else's IP address, causing that person to be the first target.

"This is another case that should be a wakeup call for people to use password protection and to be extremely careful who they allow to use their wireless Internet," said Pct. 4 Constable Rowdy Hayden.

The investigation continued.

Then on New Year's Eve, Capps walked into the constable's office and confessed to sending lewd photos to the 14-year-old, authorities said. He also reportedly admitted he knew her age at the time.

But Capps' revelation did not stop there. Officials said he further stated he had sex with the teen last November, but claimed it was consensual. The act would have been criminal because of the female's age, regardless of whether it was by force or consent.

The victim denied having consensual sex with Capps, who she knew by name, stating she was sexually assaulted by him. However, she was unaware Capps was the same person using a fake profile on Facebook, since he never showed his face while communicating with her online.

Officials said the case took another strange and unanticipated twist when Capps said he had sex with the 14-year-old as an act of revenge against her family, on behalf of his own.

According to Capps, he was angry at the victim's family because of an alleged sexual assault that occurred about five years ago. Capps told investigators a female relative of his, who was around 14 then, was raped by a male relative of the victim. Capps said he held onto his hatred for the family until he saw an opportunity to "pay them back," authorities said.

Capps said the girl's mother found out and confronted him, causing him to become angrier still. That's when he reportedly created the Facebook profile he used to send photos and harass the teen.

The District Attorney's Office reviewed the case and an arrest warrant was issued for Capps. He was taken into custody February 19 at his grandmother's home in New Caney.

The case was the latest in a growing list of child predator investigations and arrests by the Precinct 4 Constable's Office.

"Once we realized how widespread the issue of online child predators was, and how few agencies were educated about it and had the resources to devote to these cases, we felt obligated to do whatever we could," Constable Hayden said. "I cannot stress enough the importance of parents knowing what sites their children visit online and who they communicate with and the subject matter. It might make them angry, but not doing it might make them victims."

Capps remains at Montgomery County Jail with bond set at $180,000.

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