Prosecutors charge 18-year-old with rape following East Bay sexual assault on trail

EL CERRITO — Contra Costa County prosecutors have charged a Richmond man with forcible rape and three other felonies tied to a sexual assault that happened in May, authorities said.

Court records show that 18-year-old Malachi Attaway also faces special allegations for all four charges. Prosecutors also have charged him with sodomy by use of force; forcible oral copulation and forcible sexual penetration, court records showed.

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He is set to appear in court on Sept. 4.

Detectives arrested Attaway on Aug. 13, according to a statement from El Cerrito police. They identified him as a suspect after receiving a notification from the Combined DNA Index System, police said. Officers took him into custody as he was leaving Contra Costa County Superior Court in Martinez after making an appearance related to another case.

He remained in custody at the Martinez Detention Facility on Wednesday in lieu of $4 million bail, according to jail records.

The charges are tied to a May 18 attack that happened between midnight and 1:30 a.m. on the Ohlone Greenway, between Hill and Blake streets, police said. They added that they suspect Attaway first contacted the woman at a bust stop within the Del Norte BART station.

Police said the woman did not know him and that she started to walk home on the Ohlone Greenway, commonly known among passengers as the BART path. The attack happened there and lasted more than an hour, police said.

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