|For Immediate Release
Case # 07SF1200
December 13, 2007
SAN JUAN CAPISTRANO MAN CHARGED WITH
RAPING STRANDED WOMAN IN PARKED CAR
ON FREEWAY IN VIEW OF PASSING TRAFFIC
LAGUNA NIGUEL – A 25-year-old man was charged today with raping a woman in her parked car on the freeway after her car became disabled in an accident. Alejandro Martinez Leyva, San Juan Capistrano, is charged with felonies for forcible rape, two counts of sexual penetration with a foreign object, sexual assault with the intent to commit rape, dissuading a witness, and making a criminal threat. He faces a maximum sentence of 23 years in prison if convicted. Leyva is being held without bail on an Immigration and Customs Enforcement hold. He is scheduled to be arraigned today, Thursday, December 13, 2007 at 1:30 p.m. in Department S-2, Harbor Justice Center, Laguna Niguel.
On December 7, 2007, Jane Doe, 24, was driving home to San Diego County southbound on the 5 freeway at approximately 1:30 a.m. in the rain. The victim became stranded on the freeway in San Juan Capistrano after she swerved to avoid another car and hit the center divider. The victim tried to make a few phone calls for help, but before she was able to call 9-1-1, Leyva is accused of pulling up in front of her and approaching the victim.
Jane Doe was on the phone with a friend and got back into her car and Leyva is accused of approaching the window and knocking. He is accused of grabbing the victim’s cell phone and throwing it into the back of her car. He is accused of overpowering the victim as she struggled to reach for her cell phone to call 9-1-1. Leyva is accused of grabbing the phone again and throwing it out of reach.
The victim was able to break free and began to run away, but she tripped just in front of the car and the defendant is accused of grabbing her and threatening to push her down a near-by embankment if she didn’t cooperate. While still outside of the car, Leyva is accused of digitally penetrating her. He is accused of pushing the victim back into the car and trying to pull her pants down as the victim struggled to get away. He is accused of digitally penetrating her again and then raping the victim. Leyva is accused of then fleeing the scene.
Deputy District Attorney Tony Ferrentino of the Sexual Assault Unit is prosecuting this case.