Thirty-nine year-old Luis Avila is charged with a Class A felony which could land him life in prison if convicted. The state prosecutor is arguing he forcibly raped an elderly woman who was in Avila's care.
They claim Avila's DNA was found inside the victim, however Avila's attorney countered that saying the DNA was already on a toilet seat that the victim later sat on.
"While she was at the hospital she told the people I was raped," said Asotin County Prosecutor Ben Nichols.
The jury will listen to witnesses testify over the next two days before they decide Avila's fate. US Immigration and Customs Enforcement also has a hold on him, meaning if he's released for any reason there's a possibility he could be deported.