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25-year-old McAllen woman charged with sexually assaulting her 16-year-old 'boyfriend'

Evelyn Marie Cruz, 25, of McAllen is charged with sexual assault of a child, a second-degree felony, and harboring a runaway child, a Class A misdemeanor. (Photo courtesy of the Hidalgo County Sheriff's Office)

Investigators arrested a 25-year-old McAllen woman accused of sexually assaulting her 16-year-old boyfriend on Friday.

Officers arrested Evelyn Marie Cruz, 25, of McAllen on Friday, said Lt. Joel Morales, a spokesman for the McAllen Police Department.

The investigation started on May 3, when someone reported that a 16-year-old boy — assigned the pseudonym “Juan” by police — had run away from home, according to the criminal complaint against Cruz.

Investigators suspected Juan had moved to Falfurrias, where Cruz lived with her children.

Cruz, though, denied Juan lived with her and claimed she hadn’t seen him for two months, according to the criminal complaint. After the conversation, the Falfurrias Police Department dispatched an officer to her home and found Juan.

“Detective Gandaria and Detective Quezada drove to Falfurrias Police Department to pick up Juan,” according to the criminal complaint.

During the drive back to McAllen, they talked with Juan about the relationship.

“Juan admitted to having a sexual relationship with Evelyn who is 25 years old and living with her in Falfurrias for about 1 or 2 months at location,” according to the criminal complaint. “Juan stated that he had not forced Evelyn to have sexual intercourse with him and Evelyn had not forced him to have sexual intercourse with her.”

Juan said they had sex in McAllen and Falfurrias.

Investigators confiscated Juan’s phone. After a judge signed a search warrant, an investigator reviewed messages between Juan and Cruz.

“Detective also found messages from Evelyn telling Juan to delete everything on his phone and reset to factory setting since police might ask for his phone,” according to the criminal complaint. “Detective found pictures of Evelyn and her children in Juan’s phone that were dated between the months that Juan was reported as a runaway which indicated that Juan was living with them after he ran away.”

Accompanied by her attorney, Cruz met with investigators but declined to provide a statement, according to the criminal complaint.

Cruz is charged with sexual assault of a child, a second-degree felony, and harboring a runaway child, a Class A misdemeanor.

Officers booked Cruz at the Hidalgo County jail on Friday. She remains in custody.

An attorney who represents Cruz didn’t respond to requests for comment.

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