Court records: Scottsdale rape suspect, Ryan Festa, had 'uncontrollable behavior' after brain injury

SCOTTSDALE, AZ - The Scottsdale Police Department said it will take another week before lab results come back in two rape cases they are working. 

Meanwhile, the man who turned himself into police in connection with both cases is out of jail. 

Scottsdale police said Ryan Festa turned himself into police Thursday after seeing a sketch on the news.

A judge ruled there wasn't enough probable cause to keep him in jail, so now he's staying at a group home in Tempe.

In the drug charge, it was revealed in court that Festa is a medical marijuana card holder, which negated the drug charges and probation violations brought against him after a search of his apartment.

ABC15 investigated Festa's past and discovered that in 2005, he was hit by a car while waiting at a bus stop which left him with diffuse axonal injury, a serious brain injury, according to an April 2011 court document.

The injury landed him in several treatment and assisted living-centers.

One center, Everlasting Community Services, evicted him on Oct. 27, 2010. The center stated that Festa had "uncontrollable behavior." The manager listed several examples stating Festa threw a brick through a window, attempted to grab the steering wheel of a moving vehicle, tried to jump out of a moving vehicle, started fires in his room, exhibited extreme mood swings and pushed another resident to the ground.

"I'm concerned," said Maureen Pefect who lives near one of the complexes where a woman was raped. "I wished they could have held him longer until the evidence was in."
 
Festa's attorney Bernard Garcia maintains Festa's innocence.

"Mr. Festa wishes to exercise his right to remain silent," Garcia told the court on Saturday.

Without compelling evidence to hold Festa, detectives know to be methodical in their investigation because there have been situations where people claim responsibility for crimes they didn't commit.

"We've had those problems in the Valley with that kind of scenario where somebody has come forward and said they did it, then we lock them up and later on for whatever reason they came forward and said what they did, it turns out it wasn't them and it turned into a mess," said retired police officer and police investigation expert David Kothe.

Kothe told ABC15 it's critical to have the evidence in place and not just rely on a person's admission even though they may or may not be lying.

"I don't understand. If he turned himself in, why can't they keep him locked up until they get the results back?" said neighbor Allison Goldsmith.

Police said a suspect entered an apartment in the Camden San Paloma apartment complex near Scottsdale Road and Shea Boulevard on Oct. 18 around 11 p.m. through an unlocked patio door.

Inside the apartment, police said he sexually assaulted a 49-year-old woman. He allegedly entered and left the apartment completely naked.

Police said the suspect then allegedly entered another apartment in the Saddletree apartment complex on Oct. 24 around 11:30 p.m. also near Scottsdale Road and Shea Boulevard through an unlocked patio door.

Neighbors said they haven't seen any increased patrols. They also said the complex never told them about the assault.

They are now starting their own neighborhood watch to keep everyone informed.

Court paperwork also indicates Festa's attorney informed police that his client has a brain injury and is very susceptible to suggestion.

As of Monday night, nobody has been charged in the two rapes.