An arrest warrant names Antonio Gerardo Badilla Valerio; Uber says it cut his access to the app.
MARIETTA, GA — An Uber driver is charged with raping a passenger in Cobb County, according to police and court records made public Wednesday, Jan. 7. Investigators say the assault happened near Windy Hill Road and Cobb Parkway. The 20-year-old woman reported the attack days before Christmas, and a warrant now names Antonio Gerardo Badilla Valerio on felony rape and additional counts.
Authorities say the case is in the active-warrant stage while detectives continue gathering statements and records tied to the ride. Uber said it permanently removed the driver’s access to the platform after learning of the report. The allegation comes at a time when holiday travel and nightlife create heavier rideshare demand in the Cumberland and Smyrna-Vinings area, adding urgency to the timeline for investigators and the company’s response team as they reconstruct the trip and movements around the busy corridor.
According to police, the woman booked an Uber, entered the vehicle and was assaulted at some point during the trip. Detectives believe the crime occurred near the intersection of Windy Hill Road and Cobb Parkway, a commercial stretch of restaurants, hotels and apartment complexes a short drive from the county’s stadium district. The woman filed her report in the days leading up to Dec. 25, triggering the initial interviews and a review of ride data. “I don’t think it’s fair for her to go through that while he still gets to live his life and she has to live with that,” said Karen Gutierrez, a Cobb County resident who reacted to the news outside a local shopping center.
The warrant identifies the suspect as Antonio Gerardo Badilla Valerio and lists felony rape among the charges, along with two other counts that were not detailed in the public summary of the filing. Investigators said an image of Badilla Valerio exists from a prior case out of Gwinnett County, though the status of that matter was not addressed in the Cobb paperwork. Uber provided a brief statement, saying, “We removed the driver’s access to the app as soon as this was reported to us,” and added that such behavior “has no place” on its platform. The company said it is cooperating with detectives, who are reviewing records and any additional materials that can verify route, timing and stops.
Windy Hill Road and Cobb Parkway form one of the county’s busiest crossroads, with multiple ramps to I-75, steady late-night traffic and frequent rideshare pickups tied to bars, restaurants and apartment communities. Police did not release the precise time of night or day the alleged assault occurred, and did not describe the condition of the rider beyond her initial report. The woman’s age was listed as 20. No additional victims have been publicly identified, and officers did not say whether the suspect had completed other trips before or after the ride in question. Records did not list any injuries requiring hospitalization, and authorities did not discuss whether DNA or medical evidence had been collected.
As of Wednesday evening, police had not announced an arrest. The warrant’s issuance means detectives can seek to serve it if Badilla Valerio is located in the county or by another agency. If he is taken into custody, he would be booked at the Cobb County Adult Detention Center before a first appearance hearing, where a judge would consider bond and appoint counsel if needed. Should prosecutors move forward, the case would be assigned to the Cobb County District Attorney’s Office for review and possible presentation to a grand jury. Investigators typically request trip logs, GPS breadcrumbs and any in-app messaging in cases like this; officials did not specify which records have been received to date.
Uber routinely issues temporary or permanent deactivations when police open a criminal probe involving a driver. In past Georgia cases involving rideshare drivers, courts have weighed app data and surveillance footage to map routes and stops when a rider reports assault in or around a vehicle. The intersection flagged by detectives sits near large employers, hotels and residential complexes, where security cameras are common, though investigators have not said whether any video has been recovered. Community members in Cobb County said the report struck a nerve because rideshare trips are common for commuting between Smyrna, Cumberland and central Marietta. “It’s heartbreaking,” said Kimberly Washington, who lives off Windy Hill Road. “People just expect to get home safely.”
Legal next steps typically include a decision by prosecutors on the final list of charges and any request for no-contact orders that would bar communication with the complainant. If an arrest occurs this week, a first appearance could be set within 24 to 48 hours, followed by a probable cause hearing within two to three weeks, depending on court schedules. Should the case advance, the district attorney could present it to a Cobb County grand jury this winter, leading to an indictment and assignment to a Superior Court judge for arraignment. Police did not release a booking photo from Cobb County on Wednesday, and there was no indication of a scheduled news briefing. No court dates were posted publicly as of late afternoon.
By Wednesday night, the case remained open with an active warrant and continued record-gathering. Officials said they would provide updates if there are major developments, including an arrest or additional charges. The next milestone is any confirmation that the warrant has been served, which could trigger an initial court appearance in Marietta later this week.
Author note: Last updated January 7, 2026.