BOULDER, Colo. - A Boulder County jury has convicted a man of sexual assault after he was accused of using his insulin to drug then rape a woman.
Frederick Allen, who is diabetic, told investigators he had sex with the victim, but he stopped when she started getting sick.
The 32-year-old was convicted Wednesday on six of the nine charges against him, the Boulder Daily Camera reported.
The six felonies Allen was found guilty of were: sexual assault on a person incapable of appraising the nature of their conduct while armed with a deadly weapon; sexual assault on a person incapable of appraising the nature of their conduct causing serious bodily injury; sexual assault on a physically helpless victim causing serious bodily injury; two counts of second-degree assault and tampering with evidence.
According to the indictment, Allen talked to the victim at Sundown Saloon in Boulder on Feb. 22, 2011. When the bar closed, he offered to walk her home. When she arrived home with Allen, the victim's roommate heard someone come in, so she put on her earphones so she would not wake up again.
When the roommate went to a dentist appointment the next morning, she noticed a pair of men's dress shoes and heard someone using the restroom. When she returned home later that afternoon, the roommate saw that the men's shoes were gone. The roommate knocked on the victim's door, and tried to open it but it was locked. She said she could hear "wheezy" breathing in the room, according to the indictment.
The roommate went back to her room and didn't leave again until later that night when she went to have dinner with a friend. That friend works at the Sundown Saloon and told the roommate that he saw the victim at the bar the night before.
When the roommate returned home at 10 p.m., she decided to check on the victim. The victim's door was now unlocked.
The roommate told detectives that the victim's room was a mess, with a picture knocked off a wall.
The victim was naked, covered with one bed sheet, with her body face-down, sideways, her feet hanging off the bed, according to the indictment. There were no other sheets or bedding on the bed, the roommate said.
The victim was sweaty, appeared to have vomited, and was unresponsive, the roommate said. The victim's eyes were continuing to roll to the back of her head and her lids were constantly opening and closing, the roommate said.
The victim was transported to Boulder Community Hospital where her mother described her as being in a "catatonic" state, with all four limbs rigid, and her eyes constantly darting back and forth, according to the indictment.
Doctors determined that the victim's blood sugar was dangerously low -- 34 milligrams per deciliter for glucose level. She suffered from severe hypoglycemia with encephalopathy, or brain dysfunction, doctors said. Doctors determined this most likely occurred from an injection of insulin.
"A level of 34 is dangerously low. I'd expect somebody to be confused or passed out when their blood sugar got that low," said Dr. Eric Lavonas, associate director of the Rocky Mountain Poison and Drug Center at Denver Health.
Normal blood sugar levels are between 60 and 110 milligrams per deciliter.
"It's possible that a patient with low blood sugar for hours, to a day, would develop a brain injury that could last a long time," said Lavonas.
A nurse who is an expert on sexual assaults noted that the victim had bruises on her ankle, knee, and thigh and other internal signs of sexual assault. Even though the victim was unresponsive during the exam because of her near-catatonic state, the nurse deduced that the injuries were consistent with a woman being raped.
Allen told investigators that he and the victim "got a little intimate" after they walked back to her apartment. He said they had sex until she started to throw up. He said he offered to clean up her bedding and took the sheets with him when he left.
A note left in the victim's room read, "I will wash your sheets for you love, see ya Saturday!"
However, Allen admitted that when he passed a Dumpster, he decided to throw away the bedding instead.