Man Arrested For Alleged Sexual Assault in Miami Beach Apartment

Police say man followed woman home from Starbucks

A New York man is behind bars after police say he allegedly sexually assaulted a Miami Beach woman inside her apartment Sunday morning.

Police arrested 31-year-old Herbert Swinton Jr. and charged him with four counts, including sexual battery and burglary.

According to the police report, Swinton observed the victim at a Starbucks located at Washington Avenue and 12th Street, then followed her to a nearby apartment.

As the victim began to undress, Swinton allegedly entered the apartment through an unlocked door before grabbing the victim and throwing her to the floor, the report said.

"I decided to change my clothes and I take off my shirt and then in that second the guy just...he didn't knock," the alleged victim told NBC 6 in an exclusive interview Monday. "He just grab me right there and then he dropped me on the floor and he tried to rape me."

Swinton allegedly ripped off the victim’s underwear and attempted to assault her before her roommate came out of a bedroom and Swinton fled the scene.

"I was scared because of his eyes, it was really crazy," said the 21-year-old alleged victim, who didn't want to be identified.

Police obtained surveillance footage that showed Swinton following the victim. Swinton told officers that the sex was consensual, but officers say the accounts from both the witness and victim contradict that.

During their investigation, police discovered that Swinton, a native of New York City, is a registered sexual predator.

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