Fort Worth woman testifies she was raped by relative accused in homicide

(This report contains graphic descriptions)

A woman testified that she had just stepped out of the shower when Michael Henderson, her close relative, sexually assaulted her.

The woman, now a 21-year-old college student, was 16 when the alleged assault occurred on March 22, 2011. Authorities said they believe that Henderson sexually assaulted the woman and plotted to swap identities with a homeless man he is accused of killing so that evidence could not link him to the rape.

Henderson, who also used the name Michael Gilbert, is accused of fatally shooting Gary Ali and then burning his body in the trunk of his car.

The woman’s voice began to crack as she told the jury that Wednesday was the first time she has seen her relative since the day she is alleged to have been raped. The Star-Telegram does not identify sexual assault victims and is not providing details about the relationship between her and Henderson to protect her identity.

The woman’s mother left the house to go to work that day and she was alone with her younger brother and Henderson when he called her into his bedroom and started to give her orders, she testified.

She said that Henderson told her to lie down on the bed and take off her towel. As he sexually assaulted her, she cried and asked him to stop because he was hurting her, she testified. The assault lasted about 10 minutes, the woman said.

The woman left the house, but instead of going to school she drove to her boyfriend’s house and told him what had happened, she testified. The boyfriend told his mother about the incident and the mother called the police, the woman testified.

Police immediately had the woman go to John Peter Smith Hospital for a sexual assault exam, where a nurse took samples and she was interviewed by a detective, she testified. The woman’s mother met her at the hospital, according to her testimony.

While she was at the hospital, another relative visited her, a phone call was made to Henderson and he encouraged the woman to not report the sexual assault, she testified.

Testifying later Wednesday, Heather Gerarde, a JPS nurse who specialized in sexual assault examinations, read from his interview with the woman, who said the suspect told her “he did it because we don’t spend no bonding time together.”

Michael Henderson, 49, had been convicted of a sexual assault before. On Oct. 16, 1987, he was sentenced to 11 years and six months in prison after being convicted of aggravated sexual assault of a child younger than 14.

Prosecutors contend that when Henderson realized he could not clear himself of the sexual assault charge, he decided to kill Ali on March 30, 2011, to steal the man’s identity.

If convicted of capital murder, Henderson will automatically receive a sentence of life without the possibility of parole since the state has waived the pursuit of the death penalty in this case, according to Henderson’s defense attorneys.

The capital murder trial is expected to continue Thursday in state District Judge David Hagerman’s court. Allenna Bangs and Kevin Rousseau, Tarrant County prosecutors, are representing the state in this case. Attorneys William “Bill” Ray and Steve Gordon are representing Henderson.

This story was originally published October 21, 2015 at 2:55 PM with the headline "Fort Worth woman testifies she was raped by relative accused in homicide."