Updated with arraignment info, which is somewhat graphic.
Ashton Davis, 23, of Roxbury, had bail set at $50,000 today on charges he raped a student in the Arnold Arboretum while free awaiting trial for a rape earlier this year in Roxbury.
West Roxbury District Court Judge Mary Ann Driscoll found Davis was a potential threat to the community and revoked his bail in the Roxbury case. The judge and Davis's attorney, Thomas Karp, noted the bail in that case had originally been set to $25,000 but had been reduced to personal recognizance after the Suffolk County District Attorney's office failed to provide evidence at two probable-cause hearings.
One of the conditions of his Roxbury release was that he wear a GPS bracelet. Prosecutors said data from the device put him at the Arboretum attack location on Wednesday.
Davis stood hunched over in court today, his face covered by a black sweatshirt as he was formally charged with aggravated rape and armed robbery.
According to Assistant District Attorney Kristina Kerwin, the victim had gotten off the Orange Line at Forest Hills around 11 a.m., walked up the Arborway to the Forest Hills entrance, then walked in about 100 feet and set up to study.
About 15 minutes later, Kerwin said, Davis came up to her and demanded "give me your stuff" as he wielded a black-handled kitchen knife.
He took her phone, CharlieCard and $10, walked that back to his bicycle, then went back to her and asked her if she had anything else. When the victim said no, Kerwin said, Davis, holding his knife, gave her a choice: She could go in the woods and let him have sex with her or she could fellate him right there.
He then unzipped his pants and she fellated him at knifepoint, the prosecutor said. When Davis was done, he handed the victim her own water bottle, told her to drink some water, warned her not to go to police, then left, Kerwin said.
Kerwin asked for $150,000 bail and said Davis's indictment on the Roxbury case is imminent in Suffolk Superior Court. She said the high bail was warranted by the "horrifying nature" of an attack like this in broad daylight in a park.
Karp asked for a substantially lower bail, arguing the victim was unable to definitively ID Davis in a photo array and that her "maybe" when she saw a photo of Davis was not probable cause to charge him with a crime and that no test proving Davis's DNA was on the woman had been done.
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