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Man says he was held hostage, sexually assaulted

Posted October 19, 2010
Updated October 20, 2010

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— Police issued arrest warrants for a Chapel Hill man Tuesday afternoon after a Cary man reported that he was held hostage in his apartment for about eight hours.

Adrian Atwater, 34, was being sought on charges of second-degree kidnapping, second-degree sex offense and felony strangulation.

An unidentified man went to the management office of Merriwood Apartments, on Merriwood Drive off SE Maynard Road, at about 9:30 a.m. to call for help, said Lt. John Szymeczek of the Cary Police Department.

According to a 911 call, the man identified himself as a woman to both the apartment manager and the 911 dispatcher and said that he had been held against his will in his apartment since about 1:30 a.m.

The man told investigators that he had been locked in the bedroom and that a man he knew physically and sexually assaulted him, Szymeczek said.

"(He) kept me in my apartment for nine hours. He's beat me, and he raped me as well," the man told the 911 dispatcher. "He went to go to the bathroom, and I ran."

Neighbor Phyllis Dagata said she heard a commotion coming from the apartment during the night.

"To me, it sounded like a man and a woman, but maybe it was two men," Dagata said. "I heard him say, 'Don't do nothing stupid. Don't hurt me.' I thought the person was a girl (who) said, 'No, you hurt me.' I don't exactly know what it was, but it was crazy."

Adrian Atwater, charged in Cary sex assault of man Man wanted in kidnapping, sex assault of Cary man

Neighbor John Coale said it was clear the man had been attacked.

"Somebody had beat up another guy, and really (did) a number on him," Coale said. "We've had some disturbances (at the complex before), but nothing like what happened (Tuesday)."

The man was taken to WakeMed Cary Hospital for treatment of non-life-threatening injuries.

Atwater was released from prison on Sept. 4 after serving nine months for a Wake County conviction on assault by strangulation, felony breaking and entering and assault with a deadly weapon with intent to kill charges, according to state Department of Correction records.

He also was convicted in Durham County in 2002 of felonious restraint, assault on a female, assault with a deadly weapon and communicating threats and in Guilford County in 1999 of assault on a female and communicating threats, records show.


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  • shortcake53 Oct 20, 2010

    Last nights news stated these two had a "previous relationship"
    Wow.... good times....

  • dlk13ster Oct 20, 2010


    You are technically correct. According to NCGS §14-27.2(2), "rape in the first degree" consists solely of "vaginal intercourse by force and without consent" (apologies for graphic language). As such, males cannot legally be "raped," for obvious reasons.

    HOWEVER, a related charge of "First degree sexual offense" is defined by NCGS §14-27.4(a)(2) as "sexual acts (not vaginal intercourse) by force and without consent." This is the charge that is usually pursued for all penetrative sexual acts that don't meet the strict requirements of "rape"; even if the victim is in fact a woman. And depending on circumstances, this statue CAN apply to male victims, and usually does.

    It's important to note, however, that BOTH crimes are still Class B1 felonies, and carry identical burdens of proof, procedures, and sentencing guidelines.

  • conservatism lives Oct 20, 2010

    to all of you using the term "rape"...he was not raped. Males can not be raped in NC, the term is sexual assault...

  • TarHeel4Real Oct 20, 2010

    I see our justice system failed again. H eonly served 9 months the last time! 9 months! That is absurd. People that commit crimes don't stop and think about what will happen afterwards. The only sollution is just to lock them up forever.

  • indrdw Oct 20, 2010

    Here again, this guy should not be on the streets to continue his assaults. The court system should not allow these people on the street. I know it cost a lot of tax dollars for prisons but this type of person need to be in a prison that has nothing but a locked cell, toilet, sink, food and water. He can run in place, do push-ups and sit-ups in the cell if he wants some exercise. THe library, movies, education and other stuff needs to stop for criminals that prey on society. Of course this will never happen. A lot of families have to live on what they say it cost to house a prisoner. Maybe these families could give the state tips on how to budget for basic needs only.

  • notagain1903 Oct 20, 2010

    I just got to the 3rd page. When I came in here there were 68 comments. Now 47. I guess the mods have been policing. Funny.
    Tired of thoughtlessness
    Of course they are all the caryites want to "report abuse" when someone proves that "IT" happens in there backyard too!! They don't want to face facts that the over priced home on the postage stamp yard isn't as good as they thought is was!! Welcome to reality from behind the picket fence!!!!!!

  • hollylama Oct 20, 2010

    If this guy was raped by a felon it would be in his best interest to get tested for HIV amongst a multitude of other STDs.

  • michirrus Oct 20, 2010

    Rape is no about sex, rape is about power, but another thing that apalled me is that the neighbor could hear something was going on and did not call the police.

  • DeathRow-IFeelYourPain-NOT Oct 20, 2010

    "..the man identified himself as a woman.."
    "..had been locked in the bedroom and that a man he knew physically and sexually assaulted him.."

    Sheriff Andy Taylor took the call. Deputy Barney Fife responded to the call. I don't remember that episode. John Wayne to the rescue. I don't think so.

  • shortcake53 Oct 19, 2010

    dogluv3r, the name caught my eye too and I wondered the same thing. This guy has a very long history of crimes and should NOT be out of jail at all.