The Albany man who a Washington County jury last summer found should not be held under the state's civil confinement law has been arrested on charges he raped and kidnapped a woman in Georgia, officials said.
Douglas P. Junco was the first person to be tried under New York's civil confinement law when his case went to trial last July and August.
The jury found he should not be confined further and that there was not sufficient evidence he suffered from a "mental abnormality" that made him likely to re-offend.
He was arrested by Savannah-Chatham Metro Police after a female relative complained that he sexually assaulted her and held her against her will. Savannah-Chatham Police Detective Frank Chisholm said the attack happened Feb. 4 in the city of Savannah, and Junco was arrested that day on felony charges of rape, kidnapping and incest.
"This is pretty heinous," Savannah-Chatham Police Sgt. Mike Wilson said of the attack.
The victim was injured, Chisholm said. He would not disclose the extent of her injuries.
"There probably will be more charges," Chisholm said.
The arrest came about 6 months after a Washington County jury heard more than a week's worth of testimony before deciding on Aug. 9 that Junco should not be subjected to "civil management" after he completed a prison term for attempted rape.
The civil confinement law was enacted last year as a way to allow the state to monitor or confine sex offenders being released from prison.
Junco, 40, had served nearly 15 years in prison for a 1993 attempted first-degree rape conviction in Albany, but he was released after the jury's verdict. Because he served his full prison sentence, he was not on parole and was not being supervised after his release from custody.
In the Albany case, he had attacked a woman outside a bar, but the assault was interrupted by two people who chased him off.
Junco's civil confinement case was heard before state Supreme Court Justice David Krogmann in Washington County because Junco served the last portion of his state prison sentence in maximum-security Great Meadow Correctional Facility in Fort Ann.
After he was released from state custody in August, Junco moved to Savannah because he has relatives there, including Junco's teenage son, whose welfare he was accused of endangering before the rape, officials said. In that case, he was charged with a misdemeanor for allegedly allowing the teen to drink alcohol.
Junco was required to register as a sex offender in Georgia, and the state's online sex offender registry indicates he did so last Aug. 23. But Chisholm said he was under no other supervision by Georgia officials at the time of the alleged rape.
Junco is being held in the Chatham County Jail without bail pending a court appearance on March 20.
In some circumstances, rape in Georgia can be punishable by the death penalty, Chisholm said. A more likely sentence is life in prison without parole, based on his record, which includes the attempted rape conviction and a 1987 attempted burglary conviction in New York.
A call to the New York Attorney General's Office, which had sought to have Junco confined on behalf of the state, was not returned Tuesday afternoon.
Krogmann said he had heard about Junco's arrest in Georgia and was "concerned" by it. He said there was no follow-up proceeding that could occur in the civil confinement matter in light of the new charges.
He said he recalled members of the jury asking him to give Junco a message after the trial.
"They wanted me to tell him not to throw away the opportunity they had given him," Krogmann said.