A 29-year-old man was arrested in Kingston on Wednesday, Sept. 16, following a months-long investigation into an alleged sexual assault involving a person incapable of giving consent. Brandon Rivera surrendered to Kingston Police at 8:39 a.m. that day on a warrant tied to an incident that police say happened back in April.
Warrant Traces Back to an April Incident
According to News10, Rivera is accused of trying to sexually assault someone incapable of giving their consent at a property in Kingston on April 22. The station reports that a third person at the scene stopped Rivera before any further incidents occurred. Kingston City Court issued a warrant for Rivera's arrest on May 29, more than a month after the alleged incident, per the same account.
The station's report notes that Rivera surrendered himself to law enforcement on Sept. 16, nearly five months after the alleged assault. Kingston Police charged Rivera in connection with the alleged sexual assault.
Conflicting Accounts of the Charges
Accounts of the exact charges against Rivera differ. News10 reported that Rivera was charged with second-degree attempted rape, endangering the welfare of a disabled person, and sexual contact with a person unable to consent. The Daily Freeman, however, reported that Rivera was charged with three felony counts: second-degree rape, vaginal contact with a mentally disabled person, and endangering an incompetent person.
The Daily Freeman also reported that Rivera was released on his own recognizance, according to Kingston Police Department arrest filings. Per News10, Rivera was arraigned in Kingston City Court, with further proceedings in the case slated to be transferred to Ulster County Court.
What Remains Unclear
The discrepancy between the two outlets' descriptions of the charges — whether the case centers on an attempted assault or a completed one — has not been resolved in available reporting. The identity of the alleged victim and further details about the Kingston property where the incident occurred have not been made public. No information on Rivera's attorney, plea, or the case's current status has been reported as of Friday.
