Huron, South Dakota- 34 year old bar owner Werner Fajardo was arrested for raping 3 girls at his El Cuervo bar on an early Saturday morning. The girls, two of which are 14 and the third 12, were supposed to be babysitting when they met up with Fajardo who drove them to his closed tavern and began pouring up drinks ranging from vodka shots to mixed drinks involving vodka and orange juice, cola, and energy drinks. After several rounds of drinks two of the girls felt sick and all three exclaimed that they either passed out or went to sleep.
According to prosecutors, this was when Fajardo raped them. Fajardo was charged with six counts of rape and three counts of serving alcohol to a minor to which he posted a $10,000.00 bond on. Approximately a week later, police authorities conducted their first alcohol compliance check to which 11 minors were found within the bar. Due to the discovery, Fajardo was once again arrested for five counts of furnishing alcohol to a minor and allowing people under age 21 on the premises to which a $150,000.00 bond was set. "Obviously we were missing some things. Whether or not it could have been caught with compliance checks at El Cuervo, we'll never know," stated Beadle County's state's attorney, Michael R. Moore.
El Cuervo, the only business licensed as a "dance-hall" in Huron, was known for weekly signs advertising a "teen night". It was at these teen nights that Fajardo met his victims, says Moore. Upon mentioning the alleged rape to their parents, and the parents to the Huron Police Department (HPD), several other victims arose with similar stories as to how they were coerced into drinking until they passed out and shortly thereafter recalled different sexually inappropriate acts from Fajardo. None of the victims were aware of each other's particular story, only the allegations.
"I questioned how they were able to have teen night in a bar. We saw teenagers go in and out," said Sheila Moore, manager of Homecare Services, an independent living establishment next door to El Cuervo.
Fajardo's bar had been exploiting an expired ordinance that allowed 18 to 21 year old's to congregate at the bar as long as it was designated as a dance hall. After applying in June 2010 for the dance hall license, the city permitted, and the effects took place two months thereafter. Not long following, Huron City repealed the license, yet Fajardo still welcomed minors.
Huron City Police stated that prior to Fajardo's charges and investigation, they had never suspected any illegal acts taking place within the bar and have since began to increase police presence at other local bars. "Obviously we were missing some things. Whether or not it could have been caught with compliance checks at El Cuervo, we'll never know," said Sgt. Brandon Neitzert, spokesman for the HPD.
Fajardo has not publicly discussed his cases, but plead not guilty to all charges and requested both cases be jury trials during his arraignment on Dec. 20. The Sioux Falls resident has been charged with first-degree and third-degree rape in his alleged attack on the 12 year old and several counts of third-degree rape and fourth-degree rape for each of his alleged attacks on the 14 year old's. Fajardo also faces a "sexual contact with a person incapable of consenting and exploitation of a minor" for alleged attacks in Sept. of 2011. His trial consisting of six rape chages, several sexual assault charges, and furnishing alcohol to minors is set for March 28 wheras he'll be tried on a beverage law violation on Feb. 23. If convicted on the more serious charges, Fajardo faces life imprisonment. All attempts made to contact Fajardo's attorney have come up dead ends.
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