Local News

Apex man charged with sexually assaulting unconscious woman

Posted June 28

— An Apex man was jailed under a $1 million bond on Tuesday after he was charged with sexually assaulting an unconscious woman in April.

Matthew Spencer Mizell, 24, of 1340 Holt Road, was charged with three counts of second-degree sex offense and one count each of second-degree rape and attempted second-degree sex offense.

Wake County Assistant District Attorney Kathryn Pomeroy said the woman had been out with friends and got so intoxicated that she passed out, so a couple of friends took her to their house. Mizell, who's a friend of the woman's girlfriends, came over and climbed into bed with her, attempting to have sex with her while she was "physically helpless," Pomeroy said.

The woman awoke to find Mizell engaging in oral sex with her, the prosecutor said, and the woman told authorities that she saw flashes of light.

Pomeroy said the flashes were from a cellphone camera. When police searched Mizell's phone, she said, nude photos of the woman were found.

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