Warrant seeks DNA to compare to rape kit for woman who claims assault by Wake inmate on work release
Posted February 13, 2019 3:45 p.m. EST
Updated February 13, 2019 4:22 p.m. EST
A woman who claims that a Wake County inmate on work release raped her at the Burger King where he was employed described the attack to police and immediately went to the hospital for an evaluation, according to a search warrant.
In investigating the case, police have asked for a DNA sample from the man she is accusing, Darius K. Wilcher, to compare to DNA evidence collected from that exam.
The woman has said she went to the fast food restaurant at 3955 New Bern Ave. to meet up with Wilcher, with whom she had a previous sexual relationship.
According to an application for the search warrant, the pair were talking outside a bathroom when he forced her inside and then forced himself on her.
The woman told police that she screamed "No!" at least 10 times, but that Wilcher, who was not wearing a condom, continued his attack. Afterward, according to the warrant, Wilcher asked the woman if she was on birth control.
"I said no the whole time. I said, 'Can you please stop?' All he had was a smile on his face," the woman, who asked not to be identified, told WRAL News. “I sat there and cried because I couldn’t justify what happened. I was scared. He made me feel like a little girl, like I couldn’t do anything.”
In seeking a sample of Wilcher's DNA, investigators wrote, "It is believed the collection of this evidence ... will be crucial evidence and will demonstrate his role in the crimes listed."
Wilcher was a minimum-security inmate serving a three-year, drug-related sentence. He was allowed to leave jail for his job at the Burger King.
On the day after the alleged attack, he reported to work as usual, but ran when co-workers told him police were looking for him. He was found a few hours later and taken back into custody and moved to a higher-security facility. He is facing charges for his escape, but rape charges have not been filed yet.
He has previous convictions for assault with a deadly weapon on a government employee and possession of a firearm by a felon, according to state Department of Public Safety records.
Prison officials said they were not made aware that Wilcher was under investigation for rape until after he escaped.
“I was angry. You mean to tell me I went to the hospital that night, the cops were called and no one said anything to the prison? They let him go,” the accuser said.