ST. THOMAS — Police have arrested and charged a man accused of physically assaulting a woman who refused to have sex with him.

Eliasib Vias-Marcial was arrested on Sunday following a report filed by the alleged victim on August 16th. According to documents before the court, she stated that on July 4th she left St. John with Vias-Marcial and they both dropped her child off at a relative’s house with the intention of returning to St. John for the festival. She later asked him to drop her off at her residence to get something and recounted that he asked her to have sex and she laughed it off, telling him no. He subsequently asked her why and she told him because they were just friends. 

According to the woman, she suddenly felt several punches to the face and she turned to ask Vias- Marcial why he was hitting her. He then started to drive off and she opened the door and rolled out of the vehicle. According to the woman’s statement, she then ran off but Vias- Marcial drove in front of her to block her path, causing the tire to roll over her toe. He then opened his door, wrapped her hair around his hand and pulled her down to the ground. In her statement to police, the woman recounted that her attacker then exited the vehicle, climbed on top of her and punched her in the face. She stated that she was unsure of how she got up but she was able to get away. According to the victim, she sustained bruises and scratches to her face, neck, back and shoulder.   

She further recounted that on July 31st she was with a male friend who had an iPhone and upon entering her vehicle, he asked her if she had a tracker on it. He then showed her that his phone had detected an AirTag which showed him where she had been throughout the day. According to the woman, she immediately recalled the night of the assault when Vias-Marcial allegedly told her that he had a tracker on her. While she had paid no attention to the claim at the time, after her friend’s revelation, she called Vias-Marcial and asked “you really have a tracker on my car?” before hanging up. She and her friend then located the AirTag to the rear of her vehicle, under the headrest of the back seat. She then used an app to scan the tag and it revealed the last four digits of the phone number of the owner. According to the woman, the digits shown matched Vias- Marcial’s phone number. That AirTag was later collected into evidence and deactivated.

Police contacted Vias-Marcial about the matter on Friday, August 26th and he stated that he would like to turn himself in on Sunday. He presented himself at the police station on Sunday in the company of a translator. He was read his rights and was arrested and charged.

On Monday, a judge found probable cause for the charges of assault or battery with circumstances of aggravation, reckless endangerment and disturbance of the peace. The defendant’s bail was set at $10,000 with an allowance for his release upon the posting of 10 percent in cash. The judge described Vias-Marcial as an ‘extreme flight risk’, noting that he has a Florida driver’s license and a Puerto Rican phone number. As a result, he must surrender his passport and driver’s license to the court.

Moreover, the judge stated that she was “extremely concerned” about the allegations that the defendant had a tracker on the victim’s car. She stressed that while he is innocent until proven guilty, out of an abundance of caution he will be ordered to have absolutely no contact whatsoever with the alleged victim while this matter remains pending. He has been ordered to remain at least 50 feet away from the woman, her residence and her place of employment at all times.

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