|For Immediate Release
Case # 09CF0570
|Susan Kang Schroeder
Public Affairs Counsel
TWO COUSINS SENTENCED TO SIX YEARS IN
STATE PRISON FOR RAPING INTOXICATED
13-YEAR-OLD GIRL AT HOUSE PARTY
SANTA ANA – Two cousins were convicted yesterday of raping an intoxicated 13-year-old girl at a house party. Diego Ramirez, 19, and Daniel Ramirez, 24, pleaded guilty Jan. 25, 2010, to one felony count of rape by intoxication and each was sentenced to six years in state prison.
Co-defendants Mario Santibanez, 23, and Gustavo Gomez, 19, are both charged with one felony count each of forcible rape in concert, rape by intoxication, oral copulation in concert with force and fear, oral copulation by intoxication, and lewd acts upon a child under 14. Gomez is also charged with one felony count of unlawful sexual intercourse. If convicted, they face a maximum sentence of 35 years in state prison. Santibanez and Gomez are being held on $200,000 bail each and are scheduled for a preliminary hearing Thursday, Jan. 28, 2010, in Department C-55, Central Justice Center, Santa Ana.
On Feb. 27, 2009, 13-year-old Jane Doe #1 and 14-year-old Jane Doe #2 met after school with Gomez and Santibanez. Gomez and Santibanez are accused of going with the victims to a party at the Orange home of the Ramirez cousins. Prior to going to the party, the victims consumed alcoholic beverages and were intoxicated when they arrived at Ramirez’s house.
Once at the party, Jane Doe #1 and Jane Doe #2 continued to consume alcoholic beverages. After Jane Doe #1 was intoxicated and unable to resist, Ramirez and Ramirez took turns raping the victim. Gomez and Santibanez are also accused of raping and orally copulating Jane Doe #1 while she was intoxicated and unable to resist. Gomez is accused of having unlawful sexual intercourse with Jane Doe #2.
On March 2, 2009, Jane Doe #1 was taken to the Orange Police Department by her mother, who reported that her daughter had been raped the previous weekend.
Deputy District Attorney Mark Birney of the Sexual Assault Unit prosecuted this case.