Brownsville molestation suspect claims he confused girl for his wife

Fernando Rubio (Cameron County Jail Mugshot)

A Brownsville man is behind bars after being accused of a molesting a girl that he claims he confused for his common-law wife in bed.

Cameron County Sheriff's Department deputies arrested 46-year-old Fernando Rubio on Thursday.

Court records released on Friday show that he's accused of molesting a girl at a rural home on North Oklahoma Road back on May 15th.

Rubio allegedly came home drunk early that morning and went to bed with his common-law wife.

The Brownsville man allegedly got out of bed an climbed into a sofa bed where the girl was sleeping.

Rubio allegedly fondled the girl, licked her ear and asked her if she liked it.

The girl got up, confronted Rubio and told his wife what happened.

According to the records, Rubio later apologized for the incident and said he hoped he didn't hurt the girl.

Rubio allegedly told his common-law wife that he thought he was touching her in bed and not the girl.

The girl told investigators that after she woke up that Rubio had a surprised look on his face, told her that she wasn't his wife, got up and went back to his wife's bedroom.

But the girl also told investigators that somebody had fondled her in sleep one month earlier but that she was too scared to open her eyes and see who it was in that incident.

Details about Rubio's arrest were not immediately available but records show deputies charged him with indecency with a child by contact.

The Brownsville man appeared before Cameron County Magistrate Judge Patricia Edelstein on Friday morning where he was issued a $35,000 dollar bond.