|For Immediate Release
Case # TBA
|Susan Kang Schroeder
Chief of Staff
MAN CHARGED WITH HAVING UNLAWFUL SEX
AND SMOKING MARIJUANA WITH
12-YEAR-OLD GIRL IN HIS CAR
SANTA ANA – A 31-year-old man has been charged with having unlawful sex and smoking marijuana with a 12-year-old girl in his car at 2:00 a.m. after meeting her for the first time earlier that day. Neftali Pena Procopio, Santa Ana, is charged with one felony count of lewd acts on a child under 14 with a sentencing enhancement for substantial sexual conduct with a child. He is also charged with one felony count of furnishing marijuana to a minor. If convicted, Procopio faces a maximum sentence of nine years and eight months in state prison. He is being held on $100,000 bail and is scheduled to be arraigned this afternoon, Wednesday, Aug. 18, 2010, in Department CJ-1, Central Jail, Santa Ana. The time is to be determined.
On the afternoon of Aug. 16, 2010, Procopio is accused of meeting 12-year-old Jane Doe for the first time while he was playing basketball on the campus of Santa Ana High School. The victim is not a student at the high school. He is accused of arranging for the victim to sneak out of her home later that night.
Late that night, Procopio is accused of picking Jane Doe up near her home, driving her to the 300 block of South Ross Street in Santa Ana, and parking his car. The defendant is accused of giving Jane Doe marijuana and smoking it with her. He is accused of then having unlawful sex with the victim in his car. Procopio is accused of then tossing the used condom outside of the car.
At approximately 2:00 a.m. on Aug. 17, 2010, an officer from the Santa Ana Police Department observed the defendant’s parked car with fogged windows. The officer approached the vehicle to make contact with the occupants. Procopio is accused of being inside the car when the officer approached.
The defendant was arrested at the scene and the victim was taken home by SAPD to her parents, who were unaware that she had left the house. The discarded condom was recovered by officers.
Deputy District Attorney Robert Mestman of the Sexual Assault Unit is prosecuting this case.