ORANGE COUNTY DISTRICT ATTORNEY

NEWS RELEASE

TONY RACKAUCKAS, District Attorney
 
 

Susan Kang Schroeder, Chief of Staff 
Office: 714-347-8408 
Cell: 714-292-2718

ORANGE COUNTY DISTRICT ATTORNEY<h3>NEWS RELEASE</h3>TONY RACKAUCKAS, District Attorney

Michelle Van Der Linden,Spokesperson
Office: 714-347-8405
Cell: 714-323-4486


 

ORANGE COUNTY DISTRICT ATTORNEY<h3>NEWS RELEASE</h3>TONY RACKAUCKAS, District Attorney

 

FOR IMMEDIATE RELEASE

Case # 15NF2479

Date: September 6, 2017

MAN CONVICTED OF KIDNAPPING AND SEXUALLY ASSAULTING WOMAN OUTSIDE FULLERTON NIGHTCLUB

SANTA ANA, Calif. – A man was convicted yesterday of kidnapping and sexually assaulting a woman outside of a Fullerton nightclub.

Defendant

Charges

Maximum Sentence

Court Date

Nelson Mauricio Lunaty Garcia, 34, Chino Hills

Found guilty by jury yesterday of the following counts:

Felony

  • Kidnapping to commit a sex offense
  • Forcible oral copulation
  • Sexual penetration by foreign object and force
  • Sodomy by force
  • Attempted forcible rape
  • Attempted kidnapping to commit a sex offense

Misdemeanor

  • Carrying loaded firearm on person or in vehicle in public place
  • (4) Assault

 

Sentencing Allegations Found True

  • (3) Substantially increased risk of harm to the victim
  • (3) Kidnapping

95 years to life in state prison

Sentencing

 

Sept. 27, 2017, 1:30 p.m.

 

Department C-37, Central Justice Center, Santa Ana

Circumstances of the Case

  • On the night of Sept. 2, 2015, Garcia approached Jane Doe in the parking lot of the InCahoots nightclub in Fullerton.
  • The defendant led the victim to believe he was a peace officer by asking Jane Doe 1 if she had been drinking, administering a fake “field sobriety test” using a tongue compressor and a Q-Tip, and forcing the victim into the backseat of his vehicle.
  • Garcia kidnapped Jane Doe 1 by binding the victim’s hands together with zip ties to prevent her from escaping the car and driving for several miles.
  • The defendant drove to a secluded location and sexually assaulted the victim, including but not limited to forcing the victim to orally copulate him, digitally penetrating, and sodomizing the victim.
  • Garcia then returned the victim to the InCahoots parking lot.
  • Earlier that same evening, Garcia also approached Jane Doe 2 while she was sitting in her car alone in the Incahoots parking lot. 
  • The defendant asked Jane Doe 2 whether she had been drinking, if she needed water, and if she needed a police escort home. Jane Doe 2 declined and drove away. 
  • On Sept. 9, 2015, two friends of Jane Doe 1 identified the defendant in the Incahoots parking lot and contacted the Fullerton Police Department (FPD), who investigated this case.
  • FPD located and arrested the defendant at the scene along with a loaded gun, handcuffs, tongue depressors, Q-Tips, and zip ties, including cut zip ties on the rear floorboard of his vehicle.

Prosecutor: Deputy District Attorney Karyn Stokke, Sexual Assault Unit

 



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