Plea hearing set, 2 Co-Defendants added to case
A complaint with the Santa Clara County DA’s office for a plea hearing on Felony rape case was heard on May 10, 2013. This case stems from two individuals who are accused of “acquaintance rape”. A 24-year-old Erick Daniel Burgos and 25-year-old Quintil Navarro have been charged with one count Felony Rape under PC 261(a)(2). Charges hold a 3-year to 8-year prison sentence. Sean Webby, a Media Coordinator with the Santa Clara County District Attorney’s Office stated, “The length of such a case or trial depends on many factors; it’s hard to generalize.” Marisela Doe believes she was forced against her will during a brief encounter with the assailants Burgos and Navarro. The DA’s office has filed charges that allege the victim was forced against her will undergoing extreme violence, duress and menace. Fear and intimidation leading to bodily injury was used to commit the offence. A request by the DA’s office has been set for trial under PC 1048.
1050 S. 12th St, San Jose approximate location of attack
Webby said, “Some of these cases plead out and some do not.”A notice of probable cause was given to the court in order to request the subjects submit to an AIDS test as well as undergo DNA and blood tests. According to SJPD records, “4 photographs of the victim revealed bruising on the left side of the neck.” Additional photos of other injuries were also taken.
D.A.s exiting Hall of Justice
On March 12, 2012 SJPD sexual assault investigators were advised that a victim needed to be taken for a SART examination. The victim was taken by investigators within a short period of time after the attack on the victim. She was able to point out an apartment complex located at 1050 S. 12th St, where she identified an apartment studio on a second level entry where she beleived that attack took place.
According to the victim’s statement, “Erick worked at Taco Bell across from her place of work and had asked her to hang out.” She had finally she decided to take a chance. After being taken by Erick to their apartment, it became apparent that Burgos and Navarro had no intention of taken her back home. The victim was left her alone in the apt while they made a makeshift bed in the middle of the living room and bedroom area.
Santa Clara taxi
The female victim didn’t remember a lot of things about the incident other than blacking in-and-out during the attack. The last thing she remembered was standing in the doorway asking to be taken home. Marisela Doe, in a recorded phone conversation with her assailant stated, “I was telling you to stop, and why wouldn’t you stop?” Burgos said, “I don’t know.” The attack had continued for several hours, then a taxi cab was called for the victim. She left the apartment without her clothes, identification and house keys in her rush to return to her home and report the incident to the police.
