3 Teen-Agers Convicted in Sex Assault on Girl, 14

Three San Marcos teen-age boys were convicted in Juvenile Court on Thursday of sexually assaulting and causing great bodily injury to a 14-year-old girl in an attack last September that was witnessed by as many as 15 other boys--some of whom laughed, some of whom cowered in a closet to listen, but none of whom called police.

As the victim sat stoically in the courtroom, Juvenile Court Referee Hideo Chino said he found the allegations true that the boys--ages 14, 15 and 16--used foreign objects to penetrate the girl’s rectum and vagina while she lay unconscious. He further found that the three acted in concert and caused great bodily harm, which enhanced the maximum eight-year sentence to 14 years.

But, because the three are juveniles, the maximum sentence they face is commitment to the California Youth Authority until they turn 25.

A fourth defendant, 20-year-old Pasqual Rojero, was arraigned Thursday in Vista Superior Court on the same charges and awaits trial as an adult. Prosecutors allege that Rojero was the leader in the gang assault.

“This was a brutal, vicious attack on a young and helpless victim,” said Deputy Dist. Atty. Cynthia Windsor in her closing arguments. “They were like a pack of jackals on a lifeless carcass. They took what they wanted. They were pawing, grabbing and shoving objects inside her until, as one said, blood was dripping from her.”

Deputies had been to the house earlier in the evening because of a complaint by neighbors about noise, but left after giving their warning.

The incident occurred during a party at a home in San Marcos last Labor Day when the host teen-ager’s parents were away. The victim testified that she was drinking vodka and was led by one of the defendants to a back bedroom, where she passed out.

Prosecutors allege that Rojero took off the girl’s pants and underwear and that, over the next hour or longer, as many as 20 boys entered the bedroom and touched and groped the girl as she lay unconscious. The victim was not raped.

Sheriff’s Detective Ray Rawlins quoted one of the boys as telling him that he tried but was unable to feel the girl’s genitals because there were too many other hands in the way.

Girls at the party were barred from entering the bedroom by a youth standing at the door, but eventually two girls and the host of the party got in, saw the victim and took her to a friend’s house, where police were called. She was taken to Palomar Medical Center for treatment of vaginal injuries--and remained unconscious until 6 a.m., according to testimony at the trial.

Rawlins said one of the frustrations in pursuing the prosecution was that the victim was unable to identify any of her assailants--and, in fact, did not know how or to what extent she was attacked until informed by him after his own investigation.

Although others may have actively participated in the assault, Windsor said, the investigation was able to identify only the three juveniles and Rojero. The three teen-agers confessed their roles in the crime to Rawlins.

Although the defense did not call any witnesses, the attorneys argued Thursday that their clients should not be found guilty of causing great bodily harm because the object that caused the greatest physical damage was handled only by Rojero, the adult.

Defense attorney Burton Shamsky argued unsuccessfully that it was unclear whether the victim had passed out before or during the assault.

Windsor, the prosecutor, said she was unable to explain the boys’ behavior, except to say that “they were feeding off the others’ actions.”

Rawlins said one of the defendants told him, “When you’ve had a couple of drinks, you think everything is funny.”

In giving his finding immediately after the close of final arguments, Chino said: “I’m satisfied beyond a reasonable doubt that the accusations are true and proven.” He set sentencing for March 7 and ordered the three to remain in custody at Juvenile Hall.