Gary man’s Rape Trial Delayed After Defendant Refuses too Leave Jail Cell
Damian “Rico” Donaldson, 38, is facing 15 felony charges – including rape, burglary, and strangulation – and multiple misdemeanors related to a series of alleged incidents in Gary, Indiana. The trial, which began with jury selection and an evidentiary hearing on Monday, was unexpectedly delayed on Tuesday when Donaldson refused to be brought from his jail cell to the courtroom.
Details of the Alleged Crimes
According to court records, the charges stem from an October 2025 incident in which Donaldson allegedly sexually assaulted a woman, damaged her vehicle, and poured marinara sauce into her gas tank. Chicago Tribune reports that Donaldson has pleaded not guilty.
the case is complicated by the alleged victim’s decision to cease cooperation with law enforcement. She reportedly ignored a subpoena last month requiring her testimony. Deputy Prosecutor Infinity Westberg, head of the Lake County prosecutor’s Office’s special victims unit, stated in opening arguments that Donaldson allegedly engaged in a campaign to pressure the woman to not testify, including phone calls from jail and threats to contact child protective services.
Prior to Tuesday’s proceedings, westberg and former Gary Detective olivia Vasquez informed the woman they would proceed with the trial regardless of her cooperation.
Evidence Presented
Prosecutors presented several pieces of evidence during the evidentiary hearing, including:
- multiple 911 calls related to a previous incident in April.
- Bodycam footage.
- Limited data from Donaldson’s cell phone.
- The woman’s hospital exam results.
A preteen child reportedly recorded a video on a cell phone shortly after the October 28th assault, which allegedly depicts Donaldson threatening the woman and damaging her vehicle.The Chicago Tribune reports Westberg stated the video showed Donaldson damaging the woman’s windshield and headlights.
Prior Incident and Defense Strategy
Authorities also responded to a separate incident on April 17-19,2025,where the woman alleged Donaldson punched and choked her in front of her children,damaged her vehicle with a pickaxe,broke windows and walls,and threatened her with the pickaxe.
Defense attorney Roseann Ivanovich advised jurors to pay close attention to details, potential witness bias, and the sequence of events.
stalking Charge
Donaldson faces an additional stalking charge filed on November 12, 2025, alleging he pressured the woman to not testify against him.
Current Status
As of February 4,2026,the trial’s future remains uncertain following Donaldson’s refusal to appear in court. Further proceedings will likely address the reasons for his refusal and determine how the case will proceed.
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