14-YEAR-OLD BOY CHARGED AS AN ADULT FOR FORCIBLY RAPING TWO BOYS AND ROBBING TWO OTHER BOYS, ALL FOUR VICTIMS ARE 14 YEARS OF AGE OR YOUNGER

OCDASeal

Orange County District Attorney
Press Release


Tony Rackauckas, District Attorney
401 Civic Center Drive West
Santa Ana, CA 92701

For Immediate Release
November 22nd, 2004
Contact:Mark Macaulay
(714) 347-8405 (O)
(714) 323-4486 (C)

Santa Ana – Jose Ignacio Avina, 14, of Anaheim was charged with three counts of sodomy by force and nine other felony counts including forcible oral copulation, kidnapping to commit a sex offense, kidnapping to commit a robbery, 2nd degree robbery, attempted 1st degree robbery, and dissuading a witness by force or threat. If convicted on all counts, he faces a maximum sentence of life in prison.  He was charged as an adult under section 707 of the welfare and institutions code, which allows a prosecutor the discretion to directly file a complaint against a juvenile defendant as young as 14 in adult court if the crime is punishable by life imprisonment.

The charges against Avina stem from four separate incidents that occurred in the area of Ball Road and Euclid Avenue in Anaheim between October 4, 2004, and November 15, 2004.  In all four cases, the defendant threatened his victims with a knife while they were walking to or from school.  Avina is charged with raping a 14-year-old boy (John Doe #1) at knife point on October 4, 2004. Three weeks later, on October 27, 2004, he is charged with kidnapping and robbing a boy under the age of 14 (John Doe #2).  He is also charged with kidnapping, raping, and robbing a boy under the age of 14 (John Doe #3) on November 15, 2004, and on the same day of attempting to rob another boy under the age of 14 (John Doe #4).

Jose Avina appeared in court for the first time this morning. At the request of his attorney, the arraignment was continued to 12/10/04 at 8:30 AM in department N7, North Justice Center, 1275 N. Berkeley Avenue, Fullerton, CA 92631. He is currently being held at Juvenile Hall in Orange on $1 million bail.  Deputy District Attorney Kal Kaliban in the Sexual Assault unit has been assigned to prosecute the case.