A Farmington man has been charged with criminal sexual penetration in the third degree after a reported incident at a residence in Aztec, according to an affidavit for arrest warrant filed in San Juan County Magistrate Court. The allegations stem from an incident reported Oct. 27, 2024.

According to the affidavit, investigators later obtained forensic evidence and witness statements during the course of the investigation, which was reviewed before the filing of charges.

Initial Report and Statements

According to the affidavit, deputies were dispatched in the early morning hours of Oct. 27, 2024, to a report of a sexual assault at a residence in Aztec. A female reported to law enforcement that she had attended a gathering the night before and had been intoxicated before going to sleep in a bedroom.

The affidavit states the female reported waking to a person performing a sexual act and initially believed it was someone she knew. She later told deputies she realized the person was an unknown male and suspected the person was Tomas Deleon, according to the document.

Deputies documented that the female left the residence and later sought medical attention. The affidavit states an exam was scheduled for later that day.

Witness Accounts

According to the affidavit, multiple individuals at the residence were interviewed. One witness reported that the suspect had touched the female inappropriately, prompting a call to 911. Another witness told deputies she entered a locked bedroom and observed the suspect inside while the female was asleep.

The affidavit states the witness reported hearing the female crying and stating she had been touched inappropriately. Deputies also documented that individuals left the residence shortly after the incident.

Follow-Up Investigation and DNA Analysis

Investigators obtained a sexual assault examination kit and later secured a search warrant for DNA collection, according to the affidavit. The document states buccal swabs were collected from the suspect and submitted for analysis.

According to the affidavit, a laboratory report received March 16, 2026, identified male DNA on a swab collected during the exam. The report stated the DNA profile was significantly more likely to have originated from the suspect and the female than from the female and an unrelated individual.

Investigator Findings

The affidavit states the reporting party consistently indicated she was asleep and intoxicated at the time of the incident. Investigators wrote she was unable to give consent. Investigators wrote that witness statements and forensic evidence supported key aspects of the account.

According to the affidavit, the suspect declined to provide a statement when contacted and invoked his right to remain silent.

Charges Filed

• Criminal sexual penetration in the third degree (third-degree felony)

The charge follows a separate Aztec case involving allegations that a man paid a minor to expose herself, according to court records.

Case Status

Court records show the charge was filed in San Juan County Magistrate Court. A PSA report indicates the defendant was arrested March 19, 2026.

Source

Affidavit for arrest warrant and PSA report filed in San Juan County Magistrate Court.

Tomas Deleon is presumed innocent unless and until proven guilty in a court of law. Charges are allegations. No determination of guilt has been made.