Two Honduran brothers accused of raping two teenagers in Ocean City in May 2021 had the rape charges dropped last week after one of the victims went home to California and ran away again.
Bayron David Oviedo-Diaz, 22, and Onan Albert Oviedo-Diaz, 24, were arrested on May 6, 2021, at a hotel near 112th Street after a 13-year-old contacted the Ocean City Police about the incident.
On June 7, Bayron pleaded guilty to second-degree assault in Worcester County Circuit Court in Snow Hill and was sentenced to five years in jail. All but 397 days of the sentence were suspended.
Onan was expected to go to trial on May 3, but his records are no longer listed in case search.
State’s Attorney Kris Heiser’s team had no choice than to back down from pursuing Onan’s case and drop the charges after failing to locate the 13-year-old victim.
She explained that police performed an exhaustive search for the 13-year-old girl who made the claims and were unable to find her. They did, on the other hand, locate the girl’s father who claimed the girl moved back to California to live with her mother, but has since run away again.
Heiser also said both victims and their families were undocumented, therefore they were “extremely” uncooperative with the legal process.
“I am … very proud of my team for their extraordinary efforts which secured the appearance of one of the victims, given the extreme challenges that prosecution of these cases presented,” she said. “Their perseverance led to us getting an assault conviction, which prioritizes the defendant’s deportation, and our community will be safer for it.”
Bayron was arrested with his brother Onan and charged with rape and assault.
According to police records at the time, the 13-year-old girl called 911 just after 2 a.m. on May 6 from 127th Street and said she needed the police. She quickly hung up and police looked for the teenager but were unable to find her.
The teenager called 911 again from 144th Street around 3 a.m. and she was found by members of the Delaware State Police Department near Route 1 in Fenwick Island.
OCPD detectives interviewed the girl who said she and another girl who was 14 came to Ocean City with two Hispanic men in their early 20s.
The 13-year-old told police the men tried to have sex with them. One of the men even had a machete, according to the girl.
Charging documents noted that the Oviedo-Diaz brothers were reportedly in the country illegally.
Police in Montgomery County and the Concord California Police Department listed the 13-year-old girl as missing and the charging documents stated she was a victim of human trafficking, but on Wednesday, Heiser said the facts did not support that.
This story appears in the print version of Ocean City Today on June 17, 2022.