ANN ARBOR, MI - After a man reached under her dress and grabbed her on a sidewalk near downtown Ann Arbor, a woman shoved her assailant to the ground and called 911, she testified in a court hearing.

At a preliminary examination Thursday, Aug. 25, Washtenaw County 15th District Court Judge Karen Quinlan Valvo found enough evidence to bind over the criminal sexual conduct case to Washtenaw County Trial Court.

Filiberto Zamorano Gonzalez, 44, of Pittsfield Township is charged with one count of third-degree criminal sexual conduct-force or coercion. Gonzalez has pleaded not guilty to the charge, which carries a sentence of up to 15 years in prison.

The victim, who said she does not know Gonzalez, testified about the incident during the hearing.

Early Aug. 2, she said she was taking the garbage out after leaving her shift at a downtown Ann Arbor restaurant. She put the trash bag down to put the recycling in a bin when she saw a Hispanic man wearing black drive slowly by in a black SUV.

She then walked toward South First Street, where she regularly parks her car while working. In a backpack, she carried her day's tips, she said.

On South First Street, she intuitively felt she needed to look behind her.

"Other than a guardian angel, something in that moment told me to turn around," the woman said.

There was a man wearing a black polo shirt, black khakis and black work shoes walking behind her, she testified.

The woman stepped off the sidewalk to let the man pass, and turned her backpack away from him toward a building.

The two acknowledged one another with a nod, she said.

"He started to walk past me, and that's when I felt his hand on my butt," she said. "It was such a quick occurrence."

He put his hand under her dress and touched her butt and vagina, and kept walking, she said. Then, he turned and made a kissing gesture with his lips and hand, as if to say, "Thank you," as he walked away, she testified.

"Then I started screaming," she said. "'What the (expletive)? You just sexually assaulted me.'"

She ran after him as he crossed the street, and shoved him with both hands. Both of them fell to the ground, and the suspect's iPod Touch fell out of his pocket. The woman grabbed it, and he left, she said.

A man who lived on the street heard her screaming and came to help, she said. While the woman called 911, he followed the suspect down the street.

Ann Arbor Police arrested the man nearby.

The woman said she later learned from her employers Gonzalez works for a cleaning company that cleans the restaurant where she works.

Gonzalez' attorney, Charles Busse, called her testimony "incredulous."

"This whole dynamic inspired by intuition. Intuition," he said, throwing his hands up. "(The assault) cannot physically have happened that way."

Assistant Prosecuting Attorney John Vela and Valvo disagreed. What she described is possible, Vela said.

"She was taken by surprise," Vela added.

During cross-examination, Busse asked why the victim parked so far away from her work, how short her dress was, whether she was wearing "panties" on the day of the preliminary examination and if she had marijuana in her backpack.

Valvo did not allow the latter two questions after Vela objected to them.