Source: Lake Geneva Regional News

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Man returns to court in 10 year old rape case

by Rob Ireland

November 10, 2011

ELKHORN — Although it has been more than 10 years since David Zuccolotto allegedly raped a 13-year-old girl in the basement of a Delavan apartment building, he finally will face the charges filed against him in Walworth County Circuit Court.

After being released on bond in 2001, Zuccolotto, 30, who is also known as Sergio Rodriguez, never returned to court. Recently, he was extradited from Texas to Wisconsin.

He faces a felony charge of sexual assault of a child under the age of 16 and felony bail jumping. If convicted of both counts, he faces up to 40 years imprisonment and $20,000 in fines.

In the summer of 2001, when Zuccolotto was 20, he allegedly pinned the girl down in basement while his brother, Cesar Zuccolotto, prevented an 18-year-old girl from helping the victim.

In February 2002, Cesar pleaded guilty to a felony charge of false imprisonment and was sentenced to two years in a state prison.

According to the criminal complaint:

Two girls, ages 18 and 13, were playing in the parking lot of the apartment buildings on Cummings Street. The girls went to Cesar's apartment to ask if they could play with his laser toy.

Cesar agreed to let the girls play with the toy, but said he had to accompany them. Shortly thereafter, David joined the group and asked if they wanted to hang out in the basement of the apartment complex.

In the basement, David took the 13-year-old behind a washing machine and covered her mouth to prevent her from screaming and assaulted her.

As this occurred, the 18-year-old went to help the 13-year-old, but Cesar stopped her and covered her mouth. When David finished, Cesar went to the 13-year-old girl, exposed himself, but didn't have contact with the girl after she began crying and saying 'no.'

After the assault, David threw a $20 bill at the girl and told her the money was to keep her quiet. The girl threw the money back at him.

David then told the girl he would kill her if she reported the assault.

On Aug. 15, 2001, Cesar told police he knew his brother wanted to have sex with the girl. In the basement, Cesar said that he overheard the girl say 'No, I can't."

After the incident, Cesar said the girl was "sad" and his brother later told him he had sex with the child.

When police interviewed David, he said he never had sex with the girl. On Aug. 17, David was released on bond, but never returned to a future court date.