Police: Waitress Raped at Pelican Pete's
Juan Alberto Melgar, who owns the Germantown restaurant, has been charged with second-degree rape after alleged bathroom encounter on Aug. 7.
The owner of Pelican Pete’s has been charged with second-degree rape after allegedly forcing one of his waitresses to have sex in the bathroom during a night of drinking with his employees at the Germantown restaurant.
Montgomery County police and statements made Friday in Montgomery County District Court sketch out the following scenario:
After closing Pelican Pete’s for the night on Aug. 6, Juan Alberto Melgar and several of his employees stayed for drinks, which stretched into the early morning hours of Aug. 7. Melgar—52, of the 11000 block of Staten Court in Germantown—went with the group to drink more at La Mexicana restaurant, less than a mile away. When La Mexicana closed, the group went back to Pelican Pete’s to keep drinking. At one point, the waitress—who had been working at Pelican Pete’s for a month—went to the bathroom. Melgar came in, kissed her, pushed her into a corner and forced her to have sex, according to police.
Melgar left the bathroom after five minutes, police said.
The waitress went to police on Aug. 8. Police issued their warrant for Melgar on Tuesday and arrested him without incident at Johnny’s Kabob, which he also owns.
Samuel Delgado, Melgar’s attorney, attacked the police version of events at Melgar’s bond review hearing on Friday, beginning with the waitress’s inconspicuous behavior after returning from the bathroom, and her two-day delay in reporting the incident to police.
Delgado said that the waitress kept drinking with the group after the alleged incident. He also pointed out that police charging documents don’t mention that anyone observed anything unusual.
"The reason it’s not there is because it didn’t happen this way," he said.
Prosecutors refuted Delgado’s argument by pointing out that victims oftentimes do not immediately report sexual assaults by their employer.
"Under these circumstances, it makes a delayed response actually almost expected in cases like this," said Assistant State’s Attorney Marybeth Ayres.
Also at issue in today’s court bond review: Melgar has been held in jail since Wednesday because officials have been unable to verify his identity. At his initial bond review on Thursday, Melgar was ordered held without bond another day while jail officials fixed a fingerprinting error. Their mistake hadn’t been corrected by Friday’s hearing. When jail officials asked Judge Eugene Wolfe to detain him until Monday, Delgado pushed for his client’s immediate release.
Melgar employs 35 people at his two restaurants, Delgado said, is a father of four, has no criminal record and has been a U.S. citizen for more than 25 years.
"He is an example for this community," Delgado said. "To hold him another day, another minute … is unfair and unjust."
Prosecutors argued against Melgar's release prior to correcting the error and because of the seriousness of the charge.
Wolfe ordered that Melgar be released on unsecured personal bond but required him to wear an electronic bracelet and to surrender his passport pending a preliminary hearing on Sept. 16.
rodney perini
4:40 pm on Saturday, August 20, 2011
does anybody know who the waitress is that got raped? what is going on in germantown it never used to b like this.
JC Ward
11:52 pm on Saturday, August 20, 2011
Once again Germantown proves to be a festering problem. To think a business owner a somewhat respected person of the community. It would seem if she plays her cards right she will be the NEW oner. A&K would like to extend our thoughts and wish her a speedy recovery.
SJ
8:01 am on Monday, August 22, 2011
Another issue at Pelican Petes, big surprise. Do us all a favor and close this place down for good.
Wadeling Coal-Train Blankingdom
10:17 am on Monday, August 22, 2011
Damn! He hasn't even been tried yet people. This is a successful man with a lot to lose vs. a drunk waitress with alot to gain. lets wait and see how it plays out in court before crucifying anyone.
NR
4:43 pm on Monday, August 22, 2011
You're right, he hasn't been tried yet. But you show your prejudice when you say he is a successful man with a lot to lose vs. a drunken waitress...??? Really??? What makes his rights more important than hers? Allegedly he was drunk as well. Are you implying that this behavior is ok because he's successful and she is "just" a waitress? Yes, it's wrong to "crucify" anyone before their day in court but that is what you just did to the waitress.
Sebastian Montes
11:57 pm on Tuesday, August 23, 2011
Comment removed for violating Patch's terms of use.
123BOOM
12:41 pm on Wednesday, August 24, 2011
Agreed! The "drunken waitress" comment is just as out of bounds as portraying Mr, Melgar as a pillar of society because he is an owner, employer, father and husband. Let's hope that justice will prevail and then we can all make comments after the trial. What's happening in Germantown is prevalent now in all areas of the US where you see rapid demographic and cultural changes. European values are
being brushed away by the ignorant and lawless. It is no longer a melting pot; it is a
cesspool. You can thank your governments on "all levels" for allowing this to occur. Pat yourself on the back too, if you voted for those who support LAX immigration laws and ENTITLEMENTS .
JH
12:56 pm on Thursday, August 25, 2011
Crime is out of control in so many areas. Our County leaders like to hide behind crime rate numbers that show a decline, but a great many crimes go unreported or under reported. The culture is going down hill fast and law abiding citizens are paying the bill in so many ways. The restaurant is a longstanding problem, but just one example from that area.We face a flood of people that don't respect the law and that produce dysfunctional families that cannot control their children and the gangs they join ------ more than we can handle.
cameron
7:29 pm on Wednesday, September 7, 2011
You all have your own opinions which is what makes America so great but I believe that with these hard times that everyone in the United States are facing lots of people are out there looking for the get rich quick schemes. And what better way then to try to get over on a man that to be honest by the picture doesn't look like he even speaks a word of English but to know he's a double business owner. It's unbelievable to me that a man with so much to lose would violate an employee at that for any reason, again everyone has there own opinion and this is just mine. It all seems too fishy after researching this alleged accusation one report stated that she had only worked there for a month was with a group not just him and her but a group of people and no one saw or heard anything out of the ordinary huh I will be following this story because it just seems like a very shady one.
Jeff Hawkins
8:37 am on Thursday, September 8, 2011
Cameron,
You are assuming alot, one..... that this is a get rich scheme, two..... that the gentleman can't speak english (what difference would that make), three.....making that judgement based on a photo, and four.............the notion that a man won't risk everything they have........look no further than the highest office in the land.
Roya Mortazavi
3:01 pm on Wednesday, July 4, 2012
We ( Iranian community) know him as johny, he has been known as One of the best cook and owner of a restaurant which has the best Iranian food and also had been catered most of the Iranian events like, weddings, funerals, dinner parties, people have been flying him to islands for their weddings. He is the love of the Iranian society and have been in our homes. I have never been uncomfortable with him. He is a gentleman and hope he is not guilty .
jimmy mcnulty
12:59 am on Saturday, July 7, 2012
Pelican Pete's is currently not open for business (not sure if this is temporary or permanent). Does anyone know if it closed because of this incident, or is this unrelated. I always liked Pelican Pete's, just wondering why they aren't open
lv
1:25 am on Friday, August 31, 2012
Pelican Pete's has grand opening last.week but now its own by a new management n i will be working there as a bartender same place with a new start n new employees.