Carlos Fernando Salgado Cruz II is scheduled for arraignment on Nov. 1, 2023, at the Wiley W. Manuel Superior Courthouse in downtown Oakland. Credit: Pete Rosos

A 20-year-old Oakland man is facing felony charges after allegedly overpowering a woman he met on Tinder in an empty Shattuck Avenue restaurant in July after DNA evidence linked him to the victim, police said.

A woman told Berkeley police that she and Carlos Fernando Salgado Cruz II met on the dating app on July 27. They got takeout from a McDonald’s and went to a restaurant, closed and empty at the time, where Salgado Cruz worked as a bartender, according to a declaration of probable cause city police filed in the case.

At one point, Salgado Cruz grabbed the woman by the hair and neck, pushed her into a restroom and pulled down her pants, police said.

“The victim resisted, however, she was physically overpowered by Salgado Cruz. Salgado Cruz told her, ‘You know you want it,’ and unbuckled his belt and/or unzipped his pants while holding the victim’s hands over her head,” according to the declaration. “The victim began crying because she feared Salgado Cruz was about to rape her. Salgado Cruz relented and agreed to drive the victim home.”

Back at the woman’s home, she opened a car door to leave, but Salgado Cruz pulled it shut again, police said. “Salgado Cruz put his hand down the front of the victim’s pants and penetrated her vagina with his finger,” according to the declaration. “The victim pulled his hand away and agreed to a second date to placate him.”

“The victim later texted Salgado Cruz, ‘you kept going after I said stop.’ He responded, ‘I wanted you all to myself,’” according to the declaration. “When the victim refused to meet with him in person, he sent her a photograph of an erect penis, accompanied by the message, ‘he’s gonna miss you fr too.’”

When officers interviewed Salgado Cruz, he denied assaulting the woman “or having any sexual contact with her,” according to the declaration. But DNA from within the woman’s underwear from the night in question matched a sample Salgado Cruz gave investigators in response to a search warrant, police said.

Superior Court Judge Delia Trevino issued an arrest warrant for Salgado Cruz on Oct. 23, and Berkeley police arrested him three days later, according to police and court records.

The Alameda County District Attorney’s Office has charged Salgado Cruz with sexual penetration by a foreign object and sexual battery by restraint, both felonies, along with several aggravating factors that could increase his sentence if he is convicted.

Salgado Cruz is scheduled for arraignment Wednesday. It is unclear if he has hired an attorney. He has remained in custody since his arrest. His last name has been written alternatively as Salgado-Cruz and Salgadocruz in police and court records.

Alameda Health System’s Sexual Assault Response and Recovery Team (SARRT) has a 24-hour crisis line at 510-534-9290 and offers counseling, advocacy and other services to victims of domestic violence and sexual assault.

Bay Area Women Against Rape (BAWAR) has a 24-hour hotline in English and Spanish at 510-800-4247. The organization offers counseling, support and a Sexual Assault Response Team that coordinates police, prosecutors, victim and witness advocates, medical personnel and specially trained nurse examiners.

Statewide and national resources and hotlines are available on the Office of the Attorney General’s website.

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Alex N. Gecan joined Berkeleyside in 2023 as a senior reporter covering public safety. He has covered criminal justice, courts and breaking and local news for The Middletown Press, Stamford Advocate and...