A suburban woman who took the train to Chicago for a concert and ordered a rideshare home ended up in the car of a stranger who prosecutors say was sexually assaulting her when an Elmhurst police officer pulled up and found her partially nude and unconscious on the side of the road.
Jose Cornelio Evaristo, 42, of the 4500 block of North Drake Avenue in Albany Park, faces two counts of criminal sexual assault and a misdemeanor DUI charge after the Thursday morning assault along Route 83 in Elmhurst, officials said.
Shortly before 1 a.m., an Elmhurst police officer spotted a 2011 Nissan Rogue parked on the shoulder with Evaristo in the front passenger seat, facing toward the rear of the vehicle, according to prosecutors. As the officer walked toward the car, Evaristo allegedly climbed out of the passenger door with his pants unbuckled and unzipped. The officer then saw a woman in the front seat, nude from the waist down, who appeared to be asleep.
Prosecutors say investigators later learned the woman had ordered an Uber after her concert and mistakenly got into Evaristo’s vehicle, believing it was her rideshare. Evaristo sexually assaulted her inside the car before police arrived, according to the allegations.
Evaristo’s blood alcohol content at the time of his arrest was .08, prompting the DUI charge, officials said.
“The allegations that Mr. Cornelio Evaristo sexually assaulted a woman who believed he was her Uber driver in the front seat of his car are extremely disturbing and will be met with the full force of the law,” said DuPage County State’s Attorney Robert Berlin. “Sexual assault cases are extremely personal and invasive and can leave a survivor suffering from physical and psychological damage for years to come.”
Judge Joshua Dieden detained Evaristo following a hearing.
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