ST. PAUL
A 19-year-old woman with Down syndrome was sexually assaulted by a St. Paul man this week on a Metro Transit bus -- unnoticed by her personal attendant, authorities said Friday.
The assailant reportedly forced the woman to give him oral sex and then tried to get his victim to leave the bus with him but was stopped by the attendant.
The assault was recorded on the bus' security camera and detailed in a criminal complaint filed Friday in Ramsey County District Court.
Herbert Lee House III, 22, was charged with one count of third-degree and one count of fourth-degree criminal sexual conduct in connection with the incident.
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According to the complaint, the assault took place on the Route 64 bus, which passes through St. Paul's downtown and Payne-Phalen neighborhoods.
The victim reportedly had boarded the bus at 10:22 a.m. Tuesday with her attendant and "other vulnerable adults," and took a seat toward the back.
House, who had boarded earlier, left his seat facing the victim and took one beside her, according to the complaint's description of video footage. The two hugged, and the victim placed her head on House's shoulder before they switched seats, with House then sitting by the window.
At 10:30 a.m., the victim performed oral sex on House, an act witnessed by two teenagers who later contacted police, according to the complaint.
Four minutes later, somewhere along Payne Avenue, House left the bus by the back door and motioned for the victim
to follow, which she did. But as soon as she was out the door, her attendant yelled for her to "get back on the bus," which she also did, the complaint said -- and House followed.
The victim then sat in a different seat, shaken and apparently crying, the complaint said. It was unclear from the complaint when House finally left the bus.
The victim -- described in the complaint as "totally dependent on others for her well-being" -- is a student at St. Paul's Transition to Independence school, part of the St. Paul school district, for whom the attendant worked.
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The attendant told investigators that she remembered the victim trying to leave the bus, but "she had no idea that (the victim) had been sexually assaulted," the complaint said.
St. Paul Public Schools spokesman Howie Padilla said he learned of the complaint late Friday and did not know the attendant's current status with the district.
As for how the attendant did not notice the entire episode, Padilla said, "Honestly, we're looking into that as well."
"I would say that that person has some explaining to do," said Jack Rhodes, spokesman for the Ramsey County attorney's office.
When asked, Padilla said he did not know how many other people were being supervised by the attendant at the time.
Metro Transit police recognized House from the bus camera's video. He was charged Feb. 7 in another case involving "unwanted touching of a woman in the Sixth and Minnesota (streets) Transit Center," the complaint said.
When questioned, House said he knew the victim appeared to have Down syndrome but said she approached him and was being "too friendly" and touching him.
He denied having the victim perform oral sex, but when told that the act had been witnessed, House said "she was just having trouble breathing."
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Metro Transit officials released a statement Friday saying the agency "regrets this deplorable incident, but is very grateful to the customers who reported it," referring to the teenage witnesses.
House was booked Thursday into Ramsey County Jail, where he remained Friday evening with bail set at $60,000. He was due in court Monday.
David Forney, a former board member of the National Down Syndrome Congress whose son has Down syndrome, said those with the condition range from being very vulnerable to incredibly street smart.
"That's all the more reason it is incumbent on agencies to have a clear understanding and assessment of those who are under their care... to be tuned in, and act appropriately with that knowledge," Forney said.
Distributed by McClatchy-Tribune Information Services.
