Court filings provide new details in case of men charged with sex crime

By: 
Joseph Bullington —
Monday, December 3, 2018

WILLIAM FRANK PEREZ III

PHILLIP NIEL DILLEY

New court filings allege that two Livingston men armed with a shotgun forced a woman to strip naked in the garage of their Wineglass Lane home before walking her to an upstairs living room where police say she was “brutally raped.”

One of the men, however, told police the encounter was consensual.

Probable cause affidavits filed Friday in District Court provide new details in the cases of William Frank Perez III and Phillip Niel Dilley, who were charged Nov. 15 with sexual intercourse without consent, obstructing a peace officer and resisting arrest. On Nov. 19, they were also charged with aggravated kidnapping, though this charge is not mentioned in the District Court affidavits. The Park County Attorney’s Office did not immediately respond to a request for comment about whether the office intends to pursue this charge.

Around 9 p.m. on Nov. 14, the alleged victim called 911 to report that she had just been raped by two men and was hiding from them a few houses down, according to the affidavits. Livingston Police Officer Chance Hildebrand responded to the 1300 block of Wineglass Lane and found a woman hiding against the side of a house. She was very upset and flinched at his smallest movements, according to the affidavits.

The woman told Hildebrand that she was drinking at the 49er Diner, Bar and Casino when two men, William Perez and Phillip Dilley, asked her to play pool, according to the affidavits. Dilley and Perez allegedly told the woman they would take her home and, she said, she assumed they were taking her to her house since she did not have a vehicle, the affidavits state.

They stopped at Town Pump on East Park Street to allow the woman to use the restroom and Dilley told her if she was not out in five minutes he was going to shoot the attendant in the face, according to the affidavit. There was a shotgun in the white truck the defendants were driving, the documents state.

Perez and Dilley then took the woman to their home at 1400 Wineglass Lane where, in the garage, they allegedly told her to strip or they would shoot her, according to the affidavits. They then walked her upstairs to a living room, where they threw her on a couch and forced her to commit various sex acts, according to the affidavit. The woman stated that it was the threat with the firearm that kept her from screaming or fleeing. When the defendants left her alone, she ran back to the garage, grabbed her clothes and fled, falling and hurting her knee as she ran, according to the affidavit. The woman told police she wanted to go to the hospital because she “hurt all over,” and she was transported to the emergency room in Bozeman where a full rape kit was conducted.

Livingston Police Detective Joseph Harris arrived at the scene at about 9:20 p.m. The woman had identified the house where the alleged incident took place as having a white truck parked out front, and at about 9:40 p.m. Harris made contact with a man later identified as Perez, according to the affidavits. Perez was uncooperative and told Harris to get a warrant, according to the affidavit. Harris then advised Perez that he was going to sweep the house to get everyone out who would have potential contact with evidence and then apply for a search warrant. Perez attempted to close the door, according to the affidavit.

Harris then encountered a man later identified as Phillip Dilley. Dilley would not cooperate and “had to be physically put down to the ground,” the affidavits state.

Both men were arrested and taken to the Park County Detention Center, where they are being held on a $100,000 bond each.

On Nov. 15, Dilley told Harris that the intercourse was consensual, according to the affidavit. In an interview with Harris on Nov. 16, Dilley stated they had made a “wager” with the alleged victim on a game of pool, after which the woman bared her breast. Dilley said they played another game for a “three-some,” and he and Perez later participated in a threesome with the woman, according to the affidavit. Perez declined to be interviewed.