DuPage County State’s Attorney Robert Berlin and Elmhurst Chief of Police Michael McLean have announced that Judge Joshua Dieden has granted the state’s motion to detain pre-trial a Chicago man accused of sexually assaulting a woman who believed he was her Uber driver.
Jose Cornelio Evaristo, 42, appeared in First Appearance Court and was charged with two counts of criminal sexual assault—unable to consent (Class 1 felony) and two counts of misdemeanor DUI.
On April 23 at approximately 12:48 a.m., an Elmhurst police officer observed a 2011 Nissan Rogue parked on the shoulder of Route 83 with a male subject, later identified as Cornelio Evaristo, allegedly in the front passenger seat, facing toward the rear of the vehicle. As the officer approached the vehicle on foot, he allegedly observed Cornelio Evaristo exit the front passenger door with his pants unbuckled and unzipped.
It is alleged that once outside the Nissan, Cornelio Evaristo closed the front passenger side door at which time the officer observed a female in the front passenger seat, nude from the waist down, who appeared to be asleep. Following an investigation into the matter, authorities learned that the victim had taken a train to Chicago to attend a concert.
At some point in time, the victim ordered a Uber to get home and subsequently got into Cornelio Evaristo’s vehicle believing he was the Uber she had ordered. It is alleged that prior to the arrival of the police, Cornelio Evaristo stopped his vehicle on Route 83 in Elmhurst and sexually assaulted the woman. Officers arrested Cornelio Evaristo at the scene. It is further alleged that Cornelio Evaristo’s BAC was .08 at the time of his arrest.
“The allegations that Mr. Cornelio Evaristo sexually assaulted a woman who believed he was her Uber driver in the front seat of his car are extremely disturbing and will be met with the full force of the law,” Berlin said. “Sexual assault cases are extremely personal and invasive and can leave a survivor suffering from physical and psychological damage for years to come. These charges send the message that in DuPage County we stand with survivors of sexually-motivated crimes and will prosecute anyone who allegedly commits such an horrendous act. I commend the victim in this case for having the courage to stand up to the man who allegedly sexually assaulted her and for her cooperation throughout the investigation.”
“I commend our officers for their vigilance while on patrol and swift intervention,” McLean said.
Cornelio Evaristo’s next court appearance is scheduled for May 18 in front of Judge Mia McPherson.
