Man charged with raping another man in downtown Billings alley

2014-08-28T16:52:00Z 2014-09-05T11:05:05Z Man charged with raping another man in downtown Billings alleyBy EDDIE GREGG egregg@billingsgazette.com The Billings Gazette

A 32-year-old man accused of raping another man in a downtown alley Wednesday night made an initial court appearance Thursday on a felony charge of sexual intercourse without consent.

Officers arrested Waylon Jace Iron after witnesses flagged down a police sergeant at about 9:15 p.m. in the area of North Broadway and First Avenue North.

The sergeant recognized Iron, who was fighting with another person, court records say. That witness said that he was trying to detain Iron because it had been reported that Iron raped someone.

More officers arrived and the sergeant went to speak with the alleged victim, who was nearby crying and “appeared withdrawn,” charging documents say.

The man said he recognized Iron from the downtown area but that he didn’t know him by name. He said that Iron had approached him, claiming to be a Bureau of Indian Affairs officer, and had offered to take him to an apartment for beer.

The man said he accepted the offer and they were walking down an alley behind the Alberta Blair Theater, 2801 Third Ave. N., when Iron pulled him into a Dumpster enclosure in the alley and raped him.

The man said he refused advances from Iron, who then overpowered him, charging documents say. The man said he couldn’t fight Iron off but that Iron eventually passed out and he was able to get away.

The alleged victim was taken to a hospital, where he underwent a sexual assault examination. He later allegedly identified Iron as his rapist, charging documents state.

The sergeant also spoke with a woman who said she had been hanging out with the alleged victim downtown earlier in the evening. She left him and then came back and he was gone. She said she then went to her apartment and then came back outside and saw the man huddled in a doorway.

The man was crying and said that he had been raped, she said. As they were talking, Iron walked by and the alleged victim shrank away and said “that’s him,” court records say.

In a statement to police, Iron reportedly said he was walking in an alley when he came into contact with a friend who had a dog, and that he encountered the alleged victim crying in the alley.

He said another man later approached him and accused him of raping a girl, court records say. He denied knowing the alleged victim or having any physical contact with him.

He agreed to undergo a medical sexual assault examination, but refused to provide his clothes to police, court records say.

Police also took a statement from an employee at the Alberta Bair Theater. The employee said that Iron was found passed out with his pants and underwear down in the area of a Dumpster near the theater between 8:30 and 9 p.m.

At the request of Deputy Yellowstone County Attorney Paul Adam, Justice of the Peace Pedro R. Hernandez set Iron’s bond at $50,000.

Adam said that Iron has no felony convictions — but has 47 misdemeanor convictions dating back to 2004 for criminal trespass, assault, domestic assault, theft, disorderly conduct and other crimes.

Assistant Public Defender Matthew Claus requested a lower bond, saying that Iron is “basically homeless” and doesn’t pose a flight risk.

Iron is scheduled to enter a plea to the rape charge in District Court on Sept. 5.

Copyright 2015 The Billings Gazette. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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