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Local man arrested for alleged sexual assault

by Margaret Stewart
Thu, Apr 4th 2019 11:05 pm

David Castaneda, 20, was arrested Tuesday, March 26 and charged with a felony of first-degree criminal sex act and 12 counts of second-degree falsifying business records, all of which are misdemeanors.

This is not Castaneda’s first run-in with the law. According to nysexoffenders.com, Castaneda was arrested by the Genesee County Sheriff’s Office and was convicted on July 18, 2016 for a second degree charge in unlawful surveillance of the usage and installation of an imaging device for sexual arousal. His victim was a 25-year-old female. Castaneda was sentenced to five years probation and made to register as a Level 2 sex offender.

Castaneda went to court again only two years later. According to The Batavian, David L. Castaneda Trejo was 19 when he was charged with criminal trespass in the 2nd degree and making a false written statement in Byron, NY. He was arrested at 11:22 a.m. Sunday, May 20, 2018 in the town of Byron by State Police.

According to the Democrat and Chronicle, this third time Castaneda allegedly posed as a student of The College at Brockport and also allegedly had forced sexual contact with a student of the school. While a majority of the interactions had been over social media, it came out during the investigation that he had contact with many students during the time he spent at the Special Events Recreation Center (SERC) on the college campus.

Student Supervisor for Membership Services at the SERC Alexis Marchitte spoke about the different memberships that are available, not only to students, but to community members as well.

“With a membership you have to buy a $10 ID pass or you could buy a day pass, which is $3 for students, $4 if you come in with another member and $6 if you’re an individual community member,” Marchitte said. “For the most part we can see past history, past purchases.”

Director of Campus Recreation Scott Haines not only talked about how Castaneda had access to the SERC, but he also cleared up some misunderstandings from other publications.

“Castaneda didn’t pretend he was a student when he went to the SERC,” Haines said. “He was pretending that he was a Brockport student over social media but he didn’t need to in order to get into the SERC.”

Castaneda could not have gotten into the SERC by pretending he is a current student at the college. This is because students are required to swipe their identification cards in order to get into the SERC, which Castaneda did not have.

Additionally, Castaneda had to check off he was a felon before gaining access to the SERC, not that he was a sex offender as some media outlets are reporting. 

“He had to check off that he was a felon,” Haines said. “He did not do so about 12 times, which is why he has 12 accounts of falsifying records to the police.”

The process of obtaining a day pass is similar to getting a gym membership in any other community gym. 

“In order to get a day pass you have to come in and fill out an application and health questionnaire,” Haines said. “We don’t have the ability to do background checks on everyone.”

The SERC wasn’t notified of Castaneda’s attendance at the gym too long before March 26.

“We only found out about Casteneda’s attendance at the SERC the Wednesday or Thursday before he was arrested,” Haines said. “When they [the NYS and Brockport police] asked us to pull his records, with our software pack we were able to track it down pretty easily thanks to new technology.”

Chief of University Police Daniel Vasile wrote in an email that, while the investigation was cooperative, the New York State Police were in charge.

“My colleagues in the New York State Police Department Campus Sexual Assault Victims Unit took the lead on this investigation, as it took place outside the jurisdiction of University Police,” Vasile wrote. “I’d refer you to them for any questions you have regarding this particular investigation.”

Deanna Cohen, the Senior Public Information Specialist in the Campus Sexual Assault Victims Unit for the New York State Police Public Information Office explained that they were not able to speak on the topic as they are still actively investigating this crime. 

“Due to the fact that some of the investigation is still ongoing, we cannot discuss it,” Cohen said. “The press release which outlines details of the case is posted on the New York State Police newsroom at nyspnews.com.” 

This press release will be updated with any future information on the matter.

Those with concerns can reach out to Title IX Coordinator Denine Carr, at  (585) 395-5066 or by email at: dcarr@brockport.edu. 

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