WESTFIELD – A Springfield man saw a charge of rape of a child dismissed in Westfield District Court so he can be tried in Hampden County Superior Court.
The offense allegedly occurred at the Southwick Town Beach on July 4 when the 12-year-old victim was at the beach with family and friends.
Sgt. Robert Landis of the Southwick Police Department reports in a court document that he was informed of the complaint by a Springfield officer who had responded to Baystate Medical Center to speak with the victim and her mother.
Landis reports that he interviewed the victim who said that she had been playing in the water at the beach with a friend and an adult man who is married to a friend of her mother. The girl said that the man, later identified as Ruben Lagares, 56, of 70 Harrison Ave., Springfield, was throwing her friend into the water and she asked for a turn.
She said that when she went to him “he slipped his hand under her underwear touching her.” She said “she told Ruben not to do that and he told her to be quiet and to relax and not tell her mom.”
The girl told her mother and subsequently told police.
In October Landis filed a charge of rape of a child against Lagares who was arraigned in Westfield District Court in November. He was released on $10,000 personal surety.
Lagares was indicted and arraigned in superior court and on Tuesday the charge was dismissed in Westfield District Court.
The offense carries a possible penalty of “life, or any term of years” in state prison or a house of correction. If convicted, Lagares would have to register as a sex offender.
