“These are the types of cases that can be very frustrating,” said Pipestone County Sheriff Dan Delaney. “We knew this person was at large and from the information that’s given to us, what he may have done. This was at the very top of our list of things we’d like to see completed.”
The details contained in the complaint originally filed Oct. 11, 2007 painted a gruesome picture of what investigators believed happened after Wilberto Moya Arce, now 36, entered the Pipestone trailer of his estranged wife, where she lay sleeping with her boyfriend.
“This was one of the most extremely violent crimes that I as Sheriff have investigated,” Delaney said.
The alleged kidnapping and assaults that took place “could easily have been a homicide,” Delaney said. “It didn’t turn out that way. The circumstances were in favor of the victims.”
The victims in the case were Arce’s wife, Dailyn Acosta, from whom he had been separated for approximately eight months, and Acosta’s boyfriend, Ricardo Alvarado.
The Sheriff’s Office became aware of the alleged crimes after it was reported around 3:10 the morning of Oct. 8, 2007, that a woman had been taken from a trailer at 904 Industrial Road, Lot 17, in Pipestone. Pipestone County Sheriff’s deputy Peter Ekenberg arrived at the trailer to find blood by the front door that continued through the kitchen and into a bedroom, where the blood was puddled by a window and spots of blood splattered around the room.
While the deputy was investigating the trailer, another call came for a man who had been stabbed, bitten and punched. Ekenberg arrived at the 110 Second Ave. SE, Apt. 101, to find Alvarado with visible wounds on his body and wearing a blood-soaked T-shirt around his neck.
Alvarado had been sleeping in bed with Acosta when he awoke to Arce punching him, according to the deputy’s report. Arce then allegedly grabbed a 10-inch knife from the kitchen and began stabbing Alvarado before holding the knife to Alvarado’s back and escorting him out of the trailer. Arce then dragged Acosta by her hair to his car and drove to a trailer in Worthington, according to the complaint.
Throughout the rest of that morning, Arce would allegedly strangle, beat, bite, stab and anally rape his wife, cutting the inside of her thigh with a knife and putting out a cigarette on her left leg, according to the complaint.
“Following the rape and beating, she talked defendant into letting her clean herself in the bathroom,” according to the complaint. “While she was cleaning herself, she told defendant she needed to go to the hospital and she would not tell anyone what happened. Defendant agreed to take her to the hospital and drove her there. Defendant went into the hospital with her and upon being asked about her injuries, defendant stated he would be right back, left and did not return.”
Acosta had several cuts on her face and her eyes were swollen shut when she arrived at the hospital. She was later transported to Sanford Hospital In Sioux falls to be evaluated for reconstructive surgery. Medical records would later show that Alvarado had sustained no less than 12 knife wounds, all of which required stitches.
Meanwhile, Arce was believed to have fled to his native country of Guatemala. At some point, he returned to the United States and in August, was picked up in Morrow County, Ohio on a traffic violation and identified by his fingerprints, which had been in the system from a previous DWI in Cottonwood County, Minn.
“We had information that he was in Guatemala so we knew he was there from the federal government,” Delaney said. “The fact that he did come back indicates he has no regard for the laws of the United States.”
Delaney’s office contracted with a transportation company to bring Arce to Pipestone County. He said they’ll split that expense with Nobles County, where Arce is also charged with felonies for the alleged crimes.
Pipestone County Assistant District Attorney Damain Sandy said that Arce had not appeared before a judge in Pipestone County or been held in custody prior to his flight, and so the district attorney’s office won’t be filing fugitive of justice charges against Arce.
“Flight in itself is not a crime,” Sandy said.
Arce was up against federal charges as well. While the Feds may have something in the works, such as deportation proceedings, they could also drop their case and let the state handle Arce. Sandy said he hasn’t heard from the Feds, but if they did step in, “federal law trumps state law and there’s nothing we can do about it.” Until then, Sandy said, “We’re going to proceed and we’ll be followed by Nobles County.”
Arce was charged in Pipestone County with six felonies: one count of kidnapping, another count of first degree assault, two counts of second degree assault and two counts of first degree burglary.
In Nobles County, Arce is charged under the name “William Ramirez Perez,” with six felonies: two counts of first degree criminal sexual conduct; one count of third degree criminal sexual conduct; two counts of second degree assault; and one count of third degree assault.
Arce made his first appearance in Pipestone County District Court the day he arrived from Ohio, Sept. 1. He’s being held on $100,000 bail.
His next appearance in court is scheduled for Sept. 27 at 2 p.m.