Freshman charged in October assaults at Merrill Hall nears sentencing
Canton freshman John Rubio will be in court, Jan. 21 for his final pretrial conference on five felonies related to the October assaults on three other students.
The 18-year-old was charged with one count of first-degree home invasion, criminal sexual conduct with intent of penetration, fourth-degree sexual misconduct and two counts of assault and battery. The incident occurred around 3 a.m. on Oct. 27. He was arraigned on Oct. 29. in Isabella County Trial Court.
According to an affidavit acquired by the Central Michigan Life staff, Rubio entered an unlocked dorm in Merrill Hall and got into bed with a student who he then assaulted.
The student told Central Michigan Police she was confused, and did not know what was going on as Rubio entered her room. The affidavit said Rubio exposed himself to the student and "kept trying to have unwanted sexual intercourse with her.''
Her roommates, along with a neighbor that heard the struggle, intervened, the affidavit said. The student was able to escape the room and called the police after the neighbor pulled her out of bed and away from Rubio.
When roommates tried to remove Rubio from the room, he threw a punch at one and missed, pushing the other as he exited the room, the affidavit said.
After the assaults, Rubio left the room and returned to his own room in Merrill Hall, where he was later arrested.
Police were called to the scene by residence hall staff about an hour later at 4:01 a.m., according to CMUPD Lt. Cameron Wassman. Two officers arrived at 4:10 a.m., and Rubio was arrested immediately and was en route to Isabella County Jail by 4:53 a.m.
"By the time we arrived, some time had passed," Wassman said. "(The arrest) was within minutes. He was in custody within the hour."
Rubio's blood-alcohol content was unavailable, but Wassman said the investigation showed he was intoxicated. Court documents made no mention of alcohol consumption by Rubio, who is a minor.
“The information we got from the call was that a male subject, who was intoxicated, entered a person’s room,” Wassman said. “Based on what the hall staff was saying, he was noticeably intoxicated.”
According to the affidavit, the assaulted student told police her and Rubio were "acquaintances since just this semester" but "at no time had they ever had any type of relationship."
Defense attorney Mohammed Nasser refused to comment when contacted by CM Life. At his arraignment, Rubio was served with protective conditions to stay away from all the students involved.
“Under these conditions, I advise you not to make contact with these girls,” said Magistrate Sandra Straus, who presided over the arraignment.
Rubio resigned from his classes following the incident.
“Anyone who wants to harm others, do not come on campus,” Yeagley said. “We’re looking for you, with the help of the community. The real message is to the bad guys: get out of here, you’re not welcome"