A complaint with the Santa Clara County DA’s office on Jan 1/23/2013 has recently scheduled for plea hearing on May 10, 2013 in which two co-defendants have been added to a Felony Rape case. 24-year-old Erick Daniel Burgos and 24-year-old Quintil Navarro have been charged with one count Felony Rape under PC 261(a)(2). Consequences to the charges range from a 3-year to 8-year prison sentence. Marisela Doe was forced against her will during a brief encounter with a long time associate by means of violence, duress, menace and using fear and intimidation causing bodily injury. A request by the DA’s office has been set under PC 1048.
1050 S. 12th St, San Jose approximate location of attack
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.”
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. The victim Marisela Doe took investigators to an area near S. 6th St. and Keyes in San Jose. She was able to point out an apartment complex located at 1050 S. 12th St, where she identified an apt studio on a second level entry where she was sure that attack took place.
On April 9 of 2012 a follow up interview revealed that the victim was intent on moving forward with pressing charges. 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. However, after being taken by Erick and his friend to their apt., she soon began wanting to leave and requested several times, but Burgos and Navarro had tricked the victim and left her alone in the apt while they made a makeshift bed in the middle of the living room area and bedroom.
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 until they had finished the attack and were exhausted, they had had then decided to call a Taxi for the victim. She was finally able to leave the residence without her clothes, identification and house keys.
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