Dec 3, 2013 2:28 PM by Sara Donchey
CORPUS CHRISTI -- Rudy Rubio, a local automotive shop owner who was out on bond for allegedly kidnapping and raping a woman, is back in jail after he tested positive for cocaine.
Rubio was initially arrested in October for aggravated kidnapping and aggravated sexual assault.
He was accused of pulling a 23-year-old woman from her car and forcing her into his automotive shop, where he allegedly raped her repeatedly.
Rubio was released on $75 thousand dollars bond, but was arrested again Nov. 26 for failing a random drug test.
A Nueces County Corrections drug test shows Rubio tested positive for cocaine on Nov. 8.
Even though cocaine was allegedly involved in the rape case, District Attorney Mark Skurka says that this failed drug test won't be used as evidence in the pending trial.
"It has nothing to do with whether he's guilty or innocent of the charges themselves," Skurka said. "However, if he is found guilty, it could possibly be used for something in the punishment evidence. For example, if he's found guilty, you could (use that to) say what kind of person he is. Well, he's the kind of person that tests positive for drugs."
This isn't the first time Rubio has failed a court-ordered drug test.
In April of last year, Rubio tested positive for cocaine while on probation for assaulting a family member.