Thomas Justin Merritt

A man is accused of raping a pedestrian at knifepoint Sunday evening in North Austin in an alley beneath the Interstate 35 overpass at U.S. 290, according to an arrest affidavit.



Thomas J. Merritt, 36, is in the Travis County Jail in lieu of bail set at $100,000 on a charge of aggravated sexual assault, records show.

The victim, who called police soon after she was attacked, was walking around 11:30 p.m. on the eastbound frontage road of U.S. 290 near I-35 when she was approached by a man, who police say was Merritt.

He called her names before he stepped behind her, put her in a chokehold and put a knife to her throat, the victim told police. She yelled, and he told her if she didn't shut up, he'd kill her.

Then, he led her to a nearby alley and raped her, according to the affidavit. At one point, he punched her in the face.

A short time after she called police, officers detained Merritt, who somewhat matched the victim's description (he was wearing blue shorts, but the victim said her attacker was wearing black pants).

Merritt told police that he had gotten high on meth that evening but had not had sex with anyone, the affidavit says. But the victim identified Merritt in a lineup as her attacker.

"The victim said that she was very confident," the police investigator wrote in the affidavit.

The affidavit says sexual assault evidence swabs were taken from both Merritt and the victim, but the document does not detail anything about DNA results.

DNA testing can often take months and may be taking longer than usual after the city's forensic lab closed in late May amid questions about its procedures.

