A 29-year-old Reston man, released from the Fairfax County Jail on $3,000 bond pending trial for rape, was arrested again Thursday and charged with raping the same woman a second time.
A Fairfax Circuit Court judge yesterday ordered Michael A. Kay held on $100,000 bond on the second rape charge, overturning a lower court's ruling issued about two hours earlier ordering him jailed without bond.
Kay returned to the woman's apartment Thursday "and told her that if he was going to jail for the first rape , he was going to do it right this time," Assistant Commonwealth's Attorney Corinne J. Magee told Circuit Judge Quinlan H. Hancock. "He then raped her three or four times over an extended period of time," Magee said.
Kay, an auto mechanic, was first arrested May 17 in the assault the previous day on a 32-year-old woman. The woman allegedly let Kay into her apartment because she had hired him to work on her automobile, according to court statements.
Kay's court-appointed attorney, Myron J. Teluk, argued yesterday that in the first case, "if there was any intercourse, it was through consent." Teluk, who said he only learned of the second charge yesterday morning, said he was unaware of the circumstances involving Kay's arrest on that charge. Kay has not yet entered a plea in either case.
Prosecutor Magee said the woman told her that Kay entered the apartment May 16 and began "making passes at her." The woman said that when she resisted, Kay pinned her against a wall, then forced her into the bedroom and raped her, Magee said.
Kay was let into the house Thursday by the woman's son, according to court testimony.
"Subjecting the victim a second time to an assault with premeditation and malice as a result of her testimony against him in the first case is outrageous," Magee said, asking Hancock to uphold the lower court's ruling that Kay be held without bond.
Earlier in the day, Magee had asked General District Court Judge Richard T. Horan to set Kay's bond at $1 million, saying: "The judicial system has an obligation to protect the witness in this case, to offer her some degree of safety before she has to come back and testify again." The woman could be required to testify against Kay three more times in court--at a July 26 preliminary hearing on the second charge and during each of the trials on the two charges.
Horan, ruling that Kay could pose a danger to the woman, revoked a $100,000 bond set Thursday and ordered him held without bond. The $100,000 bond figure was reinstated in the appeal to the Circuit Court later in the day.
Teluk said he doubted that Kay would be able to raise the $10,000 necessary for release on $100,000 bond.
Kay had been released on $3,000 bond in the original rape case on the condition that he have no further contact with the woman. Magee said in court yesterday that the bond was set that low because Kay appeared to have been drunk at the time of the alleged offense and "made a call to the victim apologizing."