MIAMI — A North Miami Seashore person was arrested for allegedly sexually assaulting and raping his girlfriend’s underaged granddaughter for six a long time.
Diego Fernando Abellafranco, 58, was arrested on a single charge of sexual battery of a minor on Thursday afternoon.
According to a warrant received from the North Miami Police Department, a detective satisfied with the 11-year-aged sufferer on Oct. 13, 2022. The victim instructed the detective that her school was shut owing to Hurricane Ian and that her Fort Myers household did not have electricity, producing her family members to move to North Miami Beach. She life with her grandmother, who is the victim’s authorized guardian because her mother is lifeless.
The target advised the detective that on Oct. 9, 2022, she was “sexually abused” by her grandmother’s boyfriend, Abellafranco. On that working day, the target was at household with the suspect and her young cousins and actively playing with them outdoors.
According to the warrant, Abellafranco referred to as out for the victim to come within but she didn’t want to occur in by yourself, so she told her 9-year-outdated cousin to be a part of her. Nevertheless, the suspect stopped her and said he only wished to see the victim.
When she walked into the bed room, Abellafranco handed the target a cell cellphone and she considered someone was on the other line however, there was not. The suspect then locked the bedroom doorway and instructed the sufferer if she failed to do what he mentioned, he would make her life “un infiel.”
Abellafranco then informed the sufferer to get her dresses off, pushed her onto the bed and then compelled her to complete oral sex on his penis prior to he pressured her into owning sexual intercourse, the warrant stated.
The sufferer then screamed for support, hoping another person would listen to her. Then, her 9-12 months-previous cousin knocked on the bed room doorway, to which Abellafranco instructed the sufferer to hurry and place on her clothes.
The suspect then threatened the sufferer, stating that if she ever instructed any person about the assault, he would notify her grandmother that she was smoking “weed,” the warrant said. The target then bought dressed and exited the bedroom crying.
In accordance to the warrant, the sufferer explained Abellafranco had been sexually abusing her for about 6 decades having said that, the suspect would tell her mother and grandmother that she lied just about every time she confessed. Also, the sufferer reportedly told a teacher about an incident when she was 7 several years previous and living in Colorado.
Later on on Oct. 13, 2022, the sufferer spoke with an additional formal on the Kid Protection workforce. For the duration of this job interview, she mentioned her phase-grandfather Abellafranco “raped” her and her account of the situation was steady with her original statement.
In accordance to the warrant, the victim described rape as “when a extremely old man touches you when you do not want to be touched.”
“I advised my grandma that [Abellafranco] would rape me. My grandma would say it was a dream,” the sufferer mentioned. “But it was not.”
The victim included that she would tell him that she did not want to do what he wished and that the suspect would threaten to notify lies about her to her grandmother if she failed to comply.
Pursuing the 2nd interview, the Child Safety staff official reported that the target disclosed a prolonged record of sexual abuse by Abellafranco, disclosing different functions of sexual assault in a medical analysis.
On Oct. 31, 2022, detectives interviewed the suspect at the North Miami Beach Police Section and interviewed him in his indigenous language of Spanish. According to the warrant, Abellafranco was not less than the impact of medicine or liquor all through the interview and was study his Miranda legal rights right before waiving his suitable to counsel.
Through the interview, Abellafranco mentioned that he and the grandmother had dated for 12 many years and verified that the sufferer was his girlfriend’s granddaughter. He explained to detectives that he experienced been encouraging with some property improvement jobs at the grandmother’s residence.
When he was approached by the family’s good-grandmother about the victim’s rape allegations, he reported the sufferer had “normally resented him” because of his connection with the grandmother.
According to the warrant, Abellafranco told detectives that the victim built the same allegations towards him in Colorado in 2016, and explained that the victim fabricated the tale and has been because labeled a “liar.”
A single of the detectives requested the suspect to elaborate, to which he replied that the sufferer had “a great deal of resentment, hatred” towards him and didn’t respect him, typically telling him “[You’re] so signify abuelo” simply because he would set boundaries and self-control her.
Throughout the interview, Abellafranco also instructed detectives that he was operating at the household on Oct. 9 and resting in the bedroom where by one particular of the alleged assaults took area.
The target then knocked on the doorway, telling him she experienced to convey to him something she didn’t want her grandmother to know. The sufferer then allegedly instructed the suspect she experienced a sexual romance with an mysterious boyfriend.
Abellafranco told the target she experienced two months to tell her grandmother about the boyfriend, or else he would tell her. The target instructed him that he experienced promised not to say just about anything and told him, “[You’re] so suggest abuelo.”
1 of the detectives questioned Abellafranco if the sufferer experienced so substantially resentment toward him, then why would she confide in him, to which he responded that he thought the sufferer experienced “mental problems,” according to the warrant.
Afterwards in the job interview, the suspect explained that when he explained to the target to leave, she obtained enraged and still left before rapidly returning, knocking on the door and moving into the bed room like a “ridiculous particular person” in advance of closing the door guiding her.
She then instructed him that “You can expect to see what I’m going to do,” before using off her dresses even though on the bed and screaming, “Permit me go” and “Do not contact me,” and that her cousins will come and that she would notify them that he was “touching” her, the warrant stated.
At that instant, the 9-yr-aged cousin knocked on the door, but the target pushed the door shut, Abellafranco told detectives.
Detectives then asked the suspect about the Colorado allegations, which he claimed was just a “dream” the sufferer had and that “the scenario was shut.” He also told detectives that the victim employs vapes and lies and that she has been sexually energetic with a boyfriend in Fort Myers.
In accordance to the warrant, detectives requested Abellafranco if he would be eager to present a DNA cheek swab, he to begin with complied in advance of refusing immediately after comprehension the seriousness of the allegations.
On Oct. 13, a Child Security group official interviewed the 9-yr-old cousin as a witness to the situation. According to the warrant, she mentioned she was at home with Abellafranco and her three other cousins on Oct. 9, the day of the assault. Even though they were being taking part in, the suspect only called for the victim to arrive into the bedroom. The cousin said she felt fearful and her the target screaming, so she knocked on the locked door, to which she saw the victim open up the doorway and crying although the suspect was laying on the bed.
The cousin also talked about a further incident where the grandmother went to “a research” and was remaining in Abellafranco’s treatment with her other cousins. All through this incident, the cousins asked the suspect if the sufferer could enjoy with them but was instructed that “she won’t be able to” and was in the bedroom with her. The cousin informed the Baby Security official that these incidents took place “a ton of periods,” according to the warrant.
On Oct. 27, 2022, an formal with the Miami-Dade Condition Attorney’s Office’s Little ones and Unique Requires Unit interviewed the other two cousins, ages 6 and 8. Even though the 8-calendar year-previous supplied no information about the case, the 6-12 months-aged described that the target would scream even though she and Abellafranco were in the “correcting place” at their house. When this would happen, the sufferer would be locked in the room and the suspect would be “squeezing her,” incorporating that this would only take place to the victim and “no one else,” the warrant stated. The cousin reported he would hear the target scream for assistance and that he and his brother would occur in to enable her.
According to the warrant, the mattress sheet on the mattress exactly where the alleged assault occurred was impounded, even though about four times following the victim’s DNA sample was acquired.
On May possibly 24, arrangements were built by Abellafranco’s legal professional for a self-surrender and the suspect arrived to the North Miami Seaside Law enforcement Office on Thursday. He was then transported to Turner Guilford Knight Correctional Middle.
