A convicted felon who allegedly sexually assaulted a Murrieta woman twice — leaving her house and returning the same day — must stand trial on rape and other charges, a judge ruled on Tuesday Aug. 7.
Frank Wyatt Kelly, 38, could face life in prison if convicted of two counts each of forcible rape and assault with intent to commit rape, as well as sodomy and other sex-related counts.
Following a two-hour preliminary hearing at the Southwest Justice Center in Murrieta, during which the alleged victim testified, Riverside County Superior Court Judge Mark Mandio found there was sufficient evidence to bound Kelly over for trial.
Mandio left the defendant’s bail at $2 million and set a post-preliminary arraignment in the case for Aug. 21.
According to Murrieta police, on the afternoon of June 13, Kelly offered to assist a 60-year-old woman unloading groceries from her car into her garage.
The encounter was uneventful, and the defendant left after conversing with the woman briefly and helping her with the groceries, according to Sgt. Phil Gomez.
However, a short time later, Kelly returned, entering the house without permission and attacking the woman, Gomez alleged.
After completing the assault, Kelly stole some cash from her and left the residence, the sergeant alleged.
“The victim was fearful of Kelly and did not report the incident to police at that time,” he said. ”Approximately two hours later, Kelly returned to the woman’s residence and rang the door bell. Believing it was a neighbor, the victim opened the door. Kelly entered the residence without permission and again sexually assaulted her. Kelly left the victim’s residence later that evening.”
The woman called 911 and disclosed what allegedly had happened.
Officers identified Kelly as the suspect and arrested him the next day outside his Murrieta home.
According to court records, the defendant has prior convictions for spousal abuse, assault with a deadly weapon and assault resulting in great bodily injury.
He’s being held at the Southwest Detention Center in Murrieta.