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Crime & Safety

Suspect Arraigned On Sex Assault Charge

Case transferred to Stamford with his next court appearance set for March 5.

One of two men accused of sexually assaulting a woman in Westport last week was arraigned in state Superior Court in Norwalk Tuesday following his capture as a fugitive in Mount Pleasant, N.Y.

Brian McIntyre, 49, appeared before Judge Bruce Hudock on charges of first-degree sexual assault, first-degree unlawful restraint and interfering with an officer.

Speaking on McIntyre's behalf, his attorney, John T. Walkley of Monroe, Conn., told Hudock his client has lived in New York state his entire life and has owned a home in Pleasantville, N.Y., for 37 years. He said McIntyre also owns a home on Block Island, N.Y.

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Walkley said McIntyre has been an advertising executive in his own firm for 20 years. His client's only previous arrests, he said, were for driving while intoxicated. Court records indicate otherwise and say McIntyre has a lengthy criminal history in a number of states.

Westport police obtained arrest warrants for McIntryre and his co-defendant, Kevin Larkin, 44, of 28 Stony Brook Road, Westport, last Thursday, and declared them fugitives from justice Friday afternoon when they did not come to police headquarters to be arrested.

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Larkin turned himself in at police headquarters on Saturday, and was released after posting a $250,000 bond. He is charged with first-degree sexual assault, first-degree unlawful restraint, and first-degree hindering prosecution.

McIntyre was arrested by Mount Pleasant, N.Y., police Friday night after someone notified them he would be arriving there by train.

Walkley said McIntyre had intended to surrender to Westport police on Saturday after he arranged to post the $400,000 bond the police set for his release.  He said McIntyre appeared before a New York magistrate over the weekend and abided by his advice to waive extradition back to Connecticut.

Westport officers transported McIntyre back to Connecticut on Monday from a prison in Valhalla, N.Y.

The bail commissioner at the arraignment advised Hudock to lower McIntyre's bond to $250,000, but the judge kept it at $400,000. Hudock transferred McIntyre's case to Part A in state Superior Court in Stamford, where major crimes are adjudicated, and set his next court date for March 5.

Unable to post bond, McIntyre was transported by marshals to the Bridgeport Community Correction Center following his arraignment.

Larkin is scheduled to be arraigned in Norwalk March 2.

THE CASE

According to Westport police, officers responded to 28 Stony Brook Road around 2:25 a.m. Wednesday to check on the welfare of a woman whose sister — mistakenly believing her sibling had been taken to a house in Fairfield — called Fairfield police. When the house could not be located in Fairfield, Westport police were asked to check for the address in their town, which is how they located the alleged victim.

Westport officers arranged for her to be transported by Fairfield police to her sister's house.

The initial investigation by Westport police found the alleged victim left the Black Duck Café in Westport with Larkin and McIntyre after being invited to attend a party at Larkin's home.

In an affidavit Westport police prepared to obtain an arrest warrant for McIntyre, Westport Det. Jillian Cabana said she was directed to Norwalk Hospital's Emergency Department last Wednesday morning to interview a possible victim of sexual assault.

Cabana said the alleged assault came to light after Fairfield police brought the 30-year-old female from Westport to her sister's house in Fairfield, where she described being sexually assaulted, having her cell phone taken away, and being held against leaving.

After learning of the reported assault, Westport officers returned to the Stony Brook Road address and found it unoccupied.

According to the affidavit, the alleged victim told detectives she had gone up to the bar in the Black Duck Café and was approached by two men, one of whom said it was his birthday and they were going to have a "cool after party" when they left the café. The affidavit says the men then invited the alleged victim and her sister and her sister's male friend to the party.

The men reportedly gave the woman's sister the address to the party's location and then left with the alleged victim. The affidavit says that, afterward, the sister told police she called her sibling's cell phone 28 times, and some times the men answered the call.

Det. Cabana then describes in the affidavit the alleged victim's account of having her pants and underwear pulled off and being sexually assaulted. The affidavit says the woman said one of the men called the other "Kenny." She also was said to have told police she had not consented to any of the sexual activity that occurred.

The affidavit says the women complained to police at the hospital of "throbbing vaginal pain and pain during urination."

Shown a "photo array" of possible suspects, the affidavit says she was unable to identify her assailants "100%."

The affidavit says that, in viewing a photo array, the male friend of the victim's sister "did not hesitate and immediately chose (Larkin)" as one of the men who left the bar's parking lot with the alleged victim. It says the alleged victim's sister was uncertain, but if she had to pick a photo of one of the men at the bar, she'd pick "number seven," which, police said, showed Larkin.

One of the officers sent to the Stony Brook Road address to look for the missing woman said while shining his flashlight through a window he observed a woman lying on her back naked from the waist down, with two men near her "moving about startled by our presence." He said he rang the doorbell and, after advising the man who answered the door why police were there, the man said the woman would be "right out" after she got dressed.

The officer said the man identified himself as "Larkin" and said his first name was "Homer," and that he was "extremely agitated by our presence, raising his voice, pointing his finger at them and continuously questioning why they were at his house."

The affidavit says Westport police received an anonymous phone call last Thursday identifying Brian McIntyre as the second man at the house. It says Larkin's attorney, Robert Berke, later called with the same information and said McIntyre had taken a train to Fernwood, N.Y.

A search by Westport police of McIntyre's previous arrest history, the affidavit says, showed he had an extensive criminal history in Rhode Island, New York, New Jersey and Florida.

In Florida, it says, McIntyre was arrested for deadly missile and battery on a spouse; in New Jersey he was arrested for simple assault, larceny, and resisting arrest; and in Rhode Island he was arrested for simple assault and battery.

In New York, it says, McIntyre was arrested for assault with intent to cause physical injury, criminal impersonation, resisting arrest, disorderly conduct, theft of service, criminal trespass, and numerous charges related to larcenies, driving while intoxicated, and various motor vehicle charges.

With McIntyre's mugshot added to a photo array, the affidavit says the alleged victim's sister positively identified him as one of the men in the car the alleged victim entered. The sister's male friend, it says, was unable to identify anyone in the photo array as the other man he encountered at the bar that night.

The affidavit says the alleged victim was shown a photo array last Thursday containing McIntyre's picture and she was not "100% sure" if any of the men it showed was one of her assailants.

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