Austin, MN father charged with sexually abusing daughter

Trey Mewes, Austin Daily Herald, Minn. –

Mother allegedly warned husband of pending arrest; faces 2 aiding felonies

An Austin couple pleaded not guilty to criminal sexual conduct charges after the husband allegedly sexually abused his teenage daughter, and his wife tried to warn him of his impending arrest.

Erasmo Ubaldo Marcos, 42, pleaded not guilty Thursday in Mower County Court to one count of first-degree criminal sexual conduct and five counts of second-degree criminal sexual conduct, all felonies. His wife, Angela Kay Ubaldo, 33, pleaded not guilty to two counts of aiding an offender, both felonies, and one count of child neglect, a misdemeanor.

Police interviewed Marcos’s daughter on April 26, according to a police report. The victim told police she arrived home at 9 p.m. on April 20 and was getting ready for bed when Marcos asked her to come with him to the store. One of her siblings said he or she wanted to come along, but Marcos refused, according to the court complaint.

Once outside, Marcos started to rub the victim’s chest and then told her to go into the garage, the complaint stated. Inside, Marcos made the victim take her pants off while he took his pants off, eventually fondling her chest while rubbing against her.

According to the court complaint, the victim told police she ran inside after Marcos finished and started crying. She told someone about what had happened before fleeing to a friend’s house to spend the night. The next morning, she told her mother, Ubaldo, what happened according to the complaint. Ubaldo said the situation would be dealt with after the victim’s birthday and a family trip to Mexico.

Ubaldo confirmed to police that she had heard about the incident and told her daughter nothing would be done until after her birthday, according to the complaint. Ubaldo told police she had spoken with Marcos, and Marcos admitted what happened and said it would never happen again.

According to the complaint, Ubaldo also confirmed a previous story the victim told police, where Ubaldo came home early from work last year and found all the doors locked. Once inside, she noticed her and Marcos’s bedroom door shut. Ubaldo opened the door to find Marcos naked and the victim without a shirt on. The complaint states Ubaldo said she spoke with Marcos then, and he said it wouldn’t happen again.

The victim told police Marcos had intercourse with her twice, once in the fall and once in the winter, according to the court complaint. In addition, the victim told police she had masturbated Marcos and performed oral sex on several different occasions.

Ubaldo told police she had planned to switch her work time so she would be home at night, as she normally worked afternoons and didn’t get off until midnight, according to the complaint.

During the interview, Ubaldo told police Marcos worked on a farm in Iowa about 30 minutes away, and Marcos didn’t have a cell phone. Police stated Marcos would be arrested when he got home and told Ubaldo not to warn him in advance. About three hours later, police learned Ubaldo went to Iowa with at least one of her children to warn Marcos, according to the complaint. Marcos, Ubaldo and at least one of the children were detained by Clear Lake Police and sent back to Minnesota.

In a follow-up interview, the victim told police she hadn’t revealed everything and that she wanted to “forget about it,” lest she worry her mom over how serious the alleged sexual abuse was, according to the complaint. She told police the incident that took place last year when Ubaldo walked in on them was the first time Marcos tried to have vaginal intercourse with the victim.

Bail for Marcos is set at $500,000. He faces a pre-trial on July 13 and goes to trial July 23. Ubaldo was released on bail Thursday and faces a pre-trial July 13, with a jury trial July 23.