It was Devontae Magby’s second trip to the Dallas County jail this month on a charge of sexual assault of a child. He was cleared of the other charge.
Police said in an arrest warrant affidavit that Magby was living with the 8-year-old’s family at the time of the rapes. The family told investigators that they had thought he was 14 and that he had used a different name.
Magby told the girl Aug. 2 that “he wanted to play house and to play house you have to kiss on the lips,” police said in the affidavit. The girl told investigators that Magby then raped her in a closet.
Later that night, he attacked her again in a bedroom, the family told police. The girl’s mother told police that she went into the bedroom after she heard her daughter telling him to stop because she was in pain.
The mother told investigators that when she walked in, Magby jumped away from the girl and adjusted his shorts. She said she began yelling for help and demanded that he leave the house. She called police, but Magby had fled.
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