Gilroy police arrest man for allegedly raping 13-year-old

Albaro Melgar

Police arrested a 25-year-old San Jose man at a McDonald’s on
First Street early Thursday, after he allegedly raped a 13-year-old
girl on the 7900 block of Miller Avenue a couple of weeks
earlier.
Police arrested a 25-year-old San Jose man at a McDonald’s on First Street early Thursday, after he allegedly raped a 13-year-old girl on the 7900 block of Miller Avenue a couple of weeks earlier.

A family member of the victim had planned to meet the suspect at the fast food restaurant for unknown reasons and flagged down police minutes before they were supposed to get together, Gilroy Police Sgt. Jim Gillio said. The victim’s name was not released to protect the identity of the victim.

Albaro Melgar of San Jose was booked into Elmwood Correctional Facility in Milpitas on charges of rape, sexual penetration of a child between the ages of 10 and 14, and lewd and lascivious acts on a child under the age of 14.

Melgar forcibly raped the victim in a parking lot near a vehicle about two weeks ago before his arrest, Gillio said. However, the victim did not know the exact time and date of the crime.

The victim met Melgar through a friend in May, and they had had several phone conversations, Gillio said. The exact nature of their relationship was unclear, he said.

Police happened to be near SpeeDee Oil Change & Tune Up, 7970 Monterey St., at about 11:23 p.m. Wednesday when the victim’s family member who planned to meet Melgar happened to drive by there. The family member flagged down police, who went to the McDonald’s at 797 First St. and arrested him at 12:06 a.m. Thursday after positively identifying him, according to police.

Melgar is being held without bail and is scheduled to be in court for an arraignment hearing this afternoon.

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