Alejandro Apodaca is accused of sexual battery while wearing his badge and uniform. Officials say the incident occurred Sunday, and the victim told police a deputy sexually assaulted them.
"Was this a person that he had contacted because of some misdeeds that this victim may have committed at the time, and was questioning her?" said Action News Legal Analyst Tony Capozzi.
Capozzi detailed the investigation that is now underway.
Officials confirm the Fresno Police Department is handling the case.
"There'll be some kind of conflict for the Sheriff's Department to be doing this investigation," Capozzi said.
In a statement Thursday, police said they served a search warrant and collected DNA from Apodaca. Capozzi said there could be several explanations.
"Just because there may be DNA on the victim in this case doesn't mean that this deputy did anything improper. If he arrested her, handcuffed her, or touched her in some way, DNA would be on the victim," Capozzi said.
Apodaca, 31, has been a deputy for three years and earns an annual salary of about $92,000.
Fresno County Sheriff John Zanoni, in a statement Thursday, called the situation "disappointing" and said he wants to ensure the public that he holds his employees accountable.
"A deputy sheriff or city police officer are looked at very carefully, and they have a higher standard as to their conduct," Capozzi said.
The investigation is ongoing, and Apodaca has not been formally charged.
"There could also be a civil lawsuit here," Capozzi said. "The federal government could get into a civil rights violation in this particular case, if the facts warrant."
Alejandro Apodaca has posted bond and is no longer in custody.
He has a bond hearing scheduled for May 28.
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