This article was updated Feb. 27 at 1:35 p.m. with additional information about mugshots.
New details have emerged in a case involving an employee charged with raping a resident at the Yorktown Rehabilitation and Nursing Center.
Javier Barragan, 48, of Yorktown, will remain behind bars after allegedly raping a resident with “severe dementia,” Westchester County District Attorney Susan Cacace said.
A nursing assistant’s deposition filed with the court described how, on Feb. 21 at around 7 a.m., she discovered the incident while making her final rounds.
“She approached a room where the door had been left open and the bed privacy curtains had been drawn. When she began to enter the room, she noticed moaning and/or grunting sounds,” Cacace said in a Feb. 26 press release.
After pulling back the curtains, Cacace said the nursing assistant’s deposition indicated she saw a housekeeping employee, Barragan, on the bed with the patient “actively engaging in sexual intercourse with her.”
The facility resident has such severe dementia that “she is incapable of consenting to sexual contact,” Cacace said.
That morning, Yorktown police responded to a report of a sexual assault at the facility, located at 2300 Catherine St. Police said a “comprehensive investigation” determined that Barragan, a facility employee, allegedly had sex with the victim, a facility resident who police said is “incapacitated and lacks the ability to consent.”
Barragan turned himself in to Yorktown Police Headquarters later that morning and now faces multiple felony charges including second-degree rape, a class D felony, and first-degree endangering the welfare of an incompetent or physically disabled person, a class E felony.
Both the Yorktown Police Department and the District Attorney’s Office told Yorktown News that they do not provide mugshots.
The facility’s human resources department declined to comment on Barragan’s role and said on Feb. 24 it was “not interested” in providing information.
He was arraigned in Yorktown Justice Court, where a temporary order of protection was issued to safeguard the victim.
Bail was set at $100,000 cash, $250,000 bond, or $250,000 bond/$750,000 partially secured bond. After failing to post bail, Barragan was remanded to Westchester County Jail and turned over to the Westchester County Department of Corrections. Court Clerk Maria Ricci confirmed to Yorktown News that Barragan was present at his Feb. 24 court appearance and remains in custody.
Cacace said that Barragan “is accused of taking advantage of an individual with dementia so severe she was incapable of consenting to his conduct.
“My heart breaks for the victim and what she suffered through,” she continued. “I am so proud of the nursing assistant in this case, whose interventions spared the victim further trauma and helped bring the defendant to justice. She has our entire community’s thanks and gratitude.”
He is due back in Yorktown Justice Court on March 10 at 5:30 p.m.
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