OXNARD : Man Sentenced to 7 Years in Gang Rape

Despite pleas for leniency by a former teacher and a former employer, an Oxnard man was sentenced to seven years in prison Friday for taking part in the gang rape of a 14-year-old girl.

In sentencing Oscar Ponce, 20, Ventura County Superior Court Judge Steven Z. Perren acknowledged that Ponce’s conduct was less violent than that of Oscar Rivera, 23, who was sentenced to nine years in the same case.

But Perren said the case was too serious to impose the minimum sentence of five years, as requested by Ponce’s attorney, Steven D. Powell.

Ponce, Rivera and a third man, Carlos Tamayo, 18, pleaded guilty to the gang rape, which occurred Oct. 3.

According to court records, the girl, who lives in Oxnard, was using an outdoor pay phone when the three men pulled up in a car and offered her a ride. She recognized Tamayo as someone she had met while in Juvenile Hall and got into the car.

The men drove to a field in Oxnard and raped the girl repeatedly, court records say. When she tried to flee, Rivera slammed her head against a metal tank and threatened to kill her if she reported the assault, records say. The men then left in the car and the girl flagged down a motorist for help.

Deputy Dist. Atty. Patrice E. Koenig argued for the seven-year term, noting that Ponce was on probation for juvenile offenses when the rape occurred.

Ponce’s fifth-grade teacher, Judith Marshall, testified that he was a very bright student who worked hard to overcome a reading problem. A former employer, Alberto Cariaga, told the judge that Ponce is “a good young man.”

“I don’t think he is a career criminal,” Cariaga said.

In sentencing Ponce, Perren said “of the three, I think you are the only candidate to re-enter society and be productive.” He sentenced Ponce to the state Department of Corrections but ordered that the time be served with the California Youth Authority. The CYA offers more rehabilitative and vocational programs than the corrections department.