Only minutes after Mario Amaya walked into Dane County Court for his bail hearing Monday, he walked out free on bond.
Amaya is accused of sexually assaulting a 23-year-old Madison woman on the 500 block of University Avenue last weekend. He is a Mexican citizen and spoke through an interpreter Monday, agreeing not to leave Dane County or speak to the alleged victim before his Sept. 21 initial hearing.
Prior to the sexual assault, Amaya was working at Ian's Pizza, 319 N. Frances St. The sexual assault occurred directly behind Ian's when Amaya was present. Allegedly, Amaya and another man joined in the assault until the victim escaped.
According to Madison police, stranger sexual assaults are rare, with last week's assault coming as a complete shock to downtown Madison.
The three others who allegedly took part in the assault remain at large. However, according to Assistant District Attorney Mike Verveer, Amaya was ""very cooperative"" under police questioning and has attempted to aid the investigation of Madison Detectives.
Dane County Judicial Court Commissioner Todd Meurer, who presided over Amaya's bail hearing, noted that there was not even a criminal complaint against Amaya, a fact he called ""highly unusual."" In addition, Amaya did not have to post any bail money and only had to sign a signature bond in order to return to society.
Although Amaya might appear to have received kind treatment, UW-Madison law professor Charles Schultz said the severity of a crime does not necessarily mean higher bail.
""Sometimes the logic is the worse the crime, the higher the penalty, the more incentive for somebody to flee,"" Schultz said. ""But that may not be the case here.""
Verveer said Amaya's ""ties to the community,"" including a wife and north-side condominium, led his office to believe there is little risk of flight.
The group of remaining suspects, which includes one Hispanic man, one black man and one white man known to have been wearing glasses and a baseball cap during the assault, could face stiffer penalties for eluding authorities. Police have not said whether Amaya turned himself in, but he was arrested without a struggle only days after the assault.
Schultz said Amaya's cooperation with police coupled with assurances he may have given about staying in Madison could have led to softer pre-trial treatment.
""They may be doing the equivalent of some plea-bargaining ahead of time,"" Schultz said. ""Maybe he's not the worst of the group.""
