Lyft driver convicted of sexually assaulting sleeping passenger

Eagle file photo by David Brand.

By Jonathan Sperling

A Lyft driver has been convicted on charges that he sexually assaulted a 28-year-old female passenger who had fallen asleep in his car.

Welinton Fernandez, 31, was convicted following a 4-day jury trial where he faced charges of first-degree criminal sexual act and first-degree sexual abuse. Fernandez, a Corona resident, faces up to 25 years in prison when he is sentenced by Justice Stephanie Zaro on Dec. 10.

Prosecutors say the unidentified woman had worked two shifts at work and met up with friends at a Flushing bar just after midnight on Jan. 6, 2018. After spending time at the bar, Fernandez picked her up in his car at around 4:50 a.m. for what was supposed to be a four-mile ride back to her home.

At some point during the ride, the woman fell asleep and did not wake up until she felt Fernandez sexually assaulting her. When she realized what was happening, the woman, whose pants and underwear had been pulled down, fled the vehicle, ran into her home and showered. 

The next day, police were notified and the woman was treated at a hospital where a sexual assault forensic examiner prepared a sexual assault evidence kit. Analysis of the kit later determined that the DNA collected from her body was consistent with Fernadez’s DNA.

Acting Queens District Attorney John Ryan described the incident as “the worst nightmare for any woman who has had to travel alone in this city.”

“In this case, the victim had taken the precaution of using a ride-sharing app to take her directly from Point A to Point B to insure her safety,” Ryan said in a statement. “She had no way of knowing that her driver was a predator who took advantage when she fell asleep on the ride home and sexually forced himself on her.”