Alleged sexual attacker's arrest in Orange County reveals previous unprosecuted incident, officials say

ORLANDO, Fla. - Xavier Mendez, the man who was arrested Wednesday in an investigation into an attempted sexual attack at an apartment complex in Orlando, is linked to a similar crime he allegedly committed just over one mile away, according to a new report from the Orange County Sheriff's Office. 

On Nov. 26, Mendez allegedly entered a woman's apartment at Mercury 3100 in Orlando as she was getting home from grabbing a bite to eat. He's accused of throwing her on a chair, onto the floor, and attempting to remove her shorts, deputies said. The woman was able to fight back by kicking at him and screaming, getting the attention of her roommate, who exited a room with a pair of scissors. 

After an investigation and a search that lasted just over a week, deputies were able to nab Mendez after his car and cell phone were linked to pawn shop transactions. He was charged with attempted sexual battery, kidnapping, and burglary of a dwelling with assault or battery. 

In the report, however, deputies highlighted a previous incident involving Mendez. Last year, Mendez allegedly attacked a woman on a walk and tackled her from behind, held her down, and placed his hand inside her shorts and underwear, according to deputies. 

"The victim was not penetrated by the suspect because she began screaming for help and the suspect ran off," the report said. 

DNA recovered from the woman's clothing was a match for Mendez, deputies said, adding that this incident happened just 1.3 miles away from Mercury 3100. 

A spokesperson for the Orange County Sheriff's Office told FOX 35 that charges were not officially filed by the State's Attorney's Office in this case, and they don't know why. 

"The information was included in the affidavit to show the suspect has a pattern of behavior," the spokesperson said. 

FOX 35 reached out to the State Attorney's Office for more information about the case. Here's their statement:

"The prior administration reviewed case 2022-NF-000677 and determined it could not be proven beyond a reasonable doubt. That case is closed and the statute of limitations has expired. However, it is our intention to examine whether the defendant’s actions in that case can be used to prove the current case against the defendant."

They added that this previous incident happened on March 21, 2020. The Orange County Sheriff's Office sent the case to the State Attorney's Office on March 11, 2022, and they declined to prosecute on June 5, 2023.