WARNING: Graphic content
PHOENIX (FOX 10) -- Three witnesses found a 13-year-old girl passed out and a man naked from the waist down after they kicked down a bedroom door, according to police.
Investigators say on May 26, each witness was individually interviewed and they all stated the teen was drunk from drinking with the suspect, identified as 19-year-old Herman Gutierrez Fuentes. They also stated to police that the underage girl's underwear and pants were down.
In the court documents, the third witness stated after he broke down the bedroom door, he found Fuentes in the corner with only a shirt on saying, 'I messed up.' The witness said he grabbed Fuentes and threw him against a wall.
The victim was transported from the home near 59th Avenue and McDowell Road to an area hospital. Her blood alcohol content level was 0.189. During an interview, police say she only remembered drinking alcohol with Fuentes and waking up in the hospital. Police say the teen was examined and no injuries were found.
Fuentes was arrested and during an interview, he said he gave the girl alcohol, drank with her and she was very intoxicated. Then he took her into the bedroom, kissed her, removed her pants and underwear to have sex.
Per the police report, "Herman stated he stopped and then three friends forced their way into the room and found him naked from the waist down and the victim's pants pulled down. Herman stated he knew it looked bad."
During a search of the home, police found alcohol containers and the damaged door.
Fuentes was charged with one count of sexual assault and one count of contributing to the delinquency of a minor. His bond was set at $100,000. Fuentes remains in jail and his next court date is June 6.