Three teens accused of gang-raping an unconscious 16-year-old girl in a Corona del Mar home last July must stand trial, a judge ruled
Orange County Superior Court Judge Everett Dickey, while remarking
that the boys used the victim "like a piece of meat," said sufficient
evidence exists to order Gregory Haidl, 17, and Kyle Nachreiner and
Keith Spann, both 18, to trial.
The judge watched a 20-minute videotape the teens reportedly made
that captured the incident in lurid detail. He also heard arguments
from the prosecutor and defense attorneys and listened to testimony
from police investigators for about three and a half days before
The three Inland Valley teens -- who were all 17 at the time --
face 24 counts since Dickey dismissed one count of digital
penetration against each defendant. Haidl, son of Orange County
Assistant Sheriff Don Haidl, and Nachreiner face additional
enhancements for allegedly inflicting great bodily injury to the
victim and using a deadly weapon -- in this case a pool cue -- to
As a result, the two face a maximum of 104 years to life, while
Spann faces up to 154 years, Deputy Dist. Atty. Jana Hoffmann said.
She said that leaves Haidl and Nachreiner the possibility of serving
life sentences because they "personally used" the pool cue.
The trio, students at Rancho Cucamonga High School, will be tried
as adults for the July 6 incident that reportedly happened in Don
Haidl's Corona del Mar home.
Defense attorneys for the teens argued that the girl voluntarily
packed her bag for the weekend and drove to Corona del Mar with the
intention of "having sex" with Spann. They painted a picture of a
group of adolescents experimenting with sex, spurred on by hormones
Earlier, Newport Beach Police detectives testified that the victim
did not seem eager to proceed with the case and admitted to having
sex with two of the defendants in the days leading up to the alleged
attack. One of those liaisons, she told investigators, was also
captured on video tape.
Newport Beach Police Detective Teri Fischer also testified that
the girl told her she drove to the Haidl home the night of July 5
after her shift as a waitress at a San Bernardino County restaurant.
The girl also said she remembers drinking a beer and a mixed drink,
but that she does not remember much else about the night, Fischer
Before the girl drank the mixed drink, Fischer said, one of the
boys warned her it was so strong she would probably pass out.
"Whatever," the girl responded, Fischer testified.
David Macher, Haidl's attorney, said Wednesday that there is no
evidence to show the victim suffered great bodily injury.
"Great bodily injury must be significant and substantial
injuries," he said. "In this case, it's microscopic. It's minor. It's
Hoffmann argued that a pool cue could be used as a deadly weapon
just as any innocuous object can be used to inflict injury.
She said the teens merely wanted to "see how much they could get
"They were using her as an object for their enjoyment," Hoffmann
Judge Dickey echoed the prosecutor's statements with his remarks
that accompanied his ruling. He said the videotape made it obvious
that the girl was unconscious and not in a position to exercise her
Although she appeared to be conscious in the first third of the
tape, she appeared limp and out of it the rest of the time, giving
him reason to believe her drink was probably spiked, Dickey said.
"Any free will was long gone by the time you watch the last
two-thirds of the tape," he said. "None of the defendants seem as
intoxicated as she is. It's quite obvious that something rendered her
The boys are free on $100,000 bail each and are scheduled to be
arraigned in the Central Justice Center in Santa Ana on Feb. 11.
DEEPA BHARATH covers public safety and courts. She may be reached
at (949) 574-4226 or by e-mail at email@example.com.