HAYWARD — A DNA cold case hit has led to the arrest of a Hayward man accused in a 1996 rape, the Alameda County Sheriff's Office announced Thursday.

James Fitzgerald Johnston, 41, was arrested Wednesday on multiple felony charges, including six counts of rape, one count of sodomy and a sexual assault charge, Sgt. Scott Dudek said.

At about 1:30 a.m. March 18, 1996, Johnston allegedly broke into a 22-year-old woman's Alden Street home through a first-floor bathroom window, then jumped her while she was asleep and repeatedly raped her, Dudek said.

Johnston reportedly threatened to kill the woman, and told her he had to set her house on fire to destroy evidence, Dudek said. The woman escaped the burning home after Johnson left through the front door.

The statute of limitations has expired on charges of burning the house, Dudek said.

Johnston has prior convictions for arson and drugs, and was required to submit to DNA testing as a felon. DNA samples taken earlier this year linked him to the 1996 case, Dudek said.

"It was a very, very brutal and heinous crime, and I'm very glad the DNA system came through and got a dangerous person off the street," Dudek said.

Fitzgerald is being held at Santa Rita county jail in Dublin in lieu of $490,000 bail, according to the sheriff's Web site.

Reach Gideon Rubin at 510-293-2469 or grubin@bayareanewsgroup.com.



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