Orange County District Attorney
Tony Rackauckas, District Attorney
401 Civic Center Drive West
Santa Ana, CA 92701
For Immediate Release
Susan Kang Schroeder
MAN SENTENCED TO THREE YEARS IN PRISON FOR HAVING UNLAWFUL SEX AND SMOKING MARIJUANA WITH 12-YEAR-OLD GIRL IN HIS CAR
SANTA ANA – A 32-year-old man was sentenced today to three years in state prison for having unlawful sex and smoking marijuana with a 12-year-old girl after meeting her for the first time earlier that day. Neftali Pena Procopio, Santa Ana, pleaded guilty to the court March 25, 2011, to two felony counts of lewd acts on a child under 14, one felony count of furnishing marijuana to a minor, and sentencing enhancements for substantial sexual conduct with a child. In addition to serving three years in state prison, the defendant is also required to register as a sex offender.
On the afternoon of Aug. 16, 2010, Procopio met 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. The defendant arranged for the victim to sneak out of her home later that night.
Later that night, Procopio picked Jane Doe up near her home, drove her to the 300 block of South Ross Street in Santa Ana, and parked his car. The defendant gave Jane Doe marijuana and smoked it with her. He then had unlawful sex with the victim in his car and tossed the used condom outside.
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 was found inside the car with Jane Doe 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.
Senior Deputy District Attorney Jana Hoffmann of the Sexual Assault Unit prosecuted this case.