Sharice Davids quiet on attempted rape by illegal immigrant in Kansas 3rd District

Davids, who is Native American, sports her infamous “All my heroes killed Colonizers” t-shirt.

With her record in support of Biden Administration border policies looming in the waning days of her congressional race, 3rd District Congresswoman Sharice Davids is remaining silent on an attempted rape by an illegal immigrant on a bicycle trail in a near-forgotten rural area of her district.

Charging documents filed by investigating officers in Anderson County detail the alleged brutalization of an Ottawa woman bicycling on the Prairie Spirit Trail earlier this month, when she says an illegal Mexican immigrant knocked her off her bike and tried to rape her – at one point stuffing leaves in her mouth during the struggle to try to stop her from screaming.

Porfirio De La Cruz faces charges of battery, criminal restraint and mistreatment of an elderly person./Anderson County Jail photo

 The probable cause affidavit with statements from the victim detail the October 10th attack in which the 64-year-old bicyclist says Porfirio De La Cruz-Cantu clotheslined her as she headed for home on the trail just south of Scipio, aqn unincorporated community in north Anderson County, pounced upon her in an attempt at forcible sex, and stuffed fallen leaves in her mouth as she struggled in an attempt to stifle her cries for help.

The affidavit was obtained by The Kansas Informer under a special provision in Kansas law which allows 10 days for such requests to be acted upon by the court. 

Though the document details the victim’s assertions to investigating officers that she believed De La Cruz intended to rape her, he is presently charged with felonies including battery, criminal restraint and mistreatment of an elderly person.

Davids, who in September voted against a bill that would have stopped federal dollars from benefiting so-called “sanctuary” jurisdictions – local counties or cities that declare policies of non-cooperation with Immigration and Customers Enforcement (ICE) – has not answered multiple requests for comment from the Informer. Anderson County is not a “sanctuary” jurisdiction.

The victim said she met De La Cruz on the Prairie Spirit Trail as he was pedaling north on his bicycle while she was southbound at about 9:30 a.m. October 10th. She told investigators she turned around to begin her ride home and started to pass De La Cruz again, who had stopped on the side of the trail, when he suddenly swept out his arm and clotheslined her in the neck, knocking her from her bicycle. She said De La Cruz jumped on her and held her to the ground and attempted to stuff leaves in her mouth to stifle her screams for help as she fought him.

 The victim said she was able to free herself and stood up dazed, at which time De La Cruz grabbed her by the arms and forced her to the ground again, this time near the edge of the trail’s embankment. She said he attempted to leap on top of her again and she kicked away from him and  slid head first down the embankment where she got to her feet and ran north to a nearby house for help.

The entrance to the Prairie Spirit Trail near where the assault occurred.Kansas Informer

 Investigating officers armed with De La Cruz’s description discovered him a short time later on U.S. Highway 59 on his bicycle, photographed him and sent the picture to officers interviewing the victim,  at which time she identified  the detained man as her assailant.

Officers located De La Cruz’s wife  that afternoon at a Mexican Restaurant on North Maple Street in Garnett where they both worked. With the aid of another restaurant worker as an interpreter, she told them they were both from Mexico and had entered the United States illegally.

The victim suffered facial and other lacerations, though her injuries were not life threatening.

 U.S. Immigration and Customs Enforcement placed a hold on De La Cruz while in Anderson County custody – a formal request for notification 48 hours in advance of his release for any reason. De La Cruz is currently held in the Anderson County Jail on a $150,000 Bond.

In the midst of her re-election bid in the 3rd District, Davids voted in May on a party line effort against HR 7109, which would have added a box to U.S. census forms to be checked if the person completing the form was not a citizen of the U.S. The change would allow non-citizens to be factored out of political district reapportionment equations and give government agencies information on both citizen and non-citizen makeup of localities. Davids did not directly address her vote or her reasoning for it at the time.

 The Anderson County incident has highlighted the national controversy over illegal immigration in the final week of the national presidential campaign, and heavy criticism of the Biden/Harris Administration which rescinded numerous Trump era border security measures when Biden took office in January 2021. Analysts say illegal immigration has set record highs since Biden took office, and illegal immigrant crime has been a heavy focus of critical media reports.

 De La Cruz is set for a status hearing in his case in late November.

Dane Hicks is a graduate of the University of Missouri School of Journalism and the United States Marine Corps Officer Candidate School at Quantico, VA. He is the author of novels "The Skinning Tree" and "A Whisper For Help." As publisher of the Anderson County Review in Garnett, KS., he is a recipient of the Kansas Press Association's Boyd Community Service Award as well as more than 60 awards for excellence in news, editorial and photography.