LONG BEACH -- A 19-year-old Long Beach man was sentenced to a life behind bars Friday for repeatedly raping a 13-year-old girl, and family friend, at gunpoint.
Long Beach Superior Court Judge John D. Lord handed down the sentence, which requires defendant Everardo Rincon to serve at least 51 years in state prison before he can be <NO1>considered<NO>eligible for parole.
Public Defender Greg Cummings argued at length that his client deserved a new trial, claiming the court's decision to allow portions of evidence into the trial -- including the testimony of two other alleged victims, one of whom is the defendant's younger sister -- and its refusal to allow letters of apology Rincon wrote to all his victims made it impossible for the jury to remain objective.
"The court allowed the prosecutor to (enter) extremely inflammatory evidence," Cummings said.
"His sister cried throughout her time on the stand ... the jury was clearly unsettled by this testimony, it caused them to feel complete revulsion for my client," Cummings said, adding that three jurors had to look away.
"That's when the jury got off track in this case," the public defender said.
Deputy District Attorney Bob Hight countered Cummings' arguments by pointing out the court had already had a lengthy hearing to discuss the issue of the two other girls' cases and the letters.
Hight noted the court curtailed what could be shared with the jury regarding the other girls, barring the prosecution from disclosing Rincon's relationship to his sister "in an abundance of caution."
It was the defense, Hight said, who brought up the relationship between the two in an offensive move.
"The defense actually brings it in front of the jury as a sword and brings it out to inflame the jury even though he had the right not to and I couldn't bring it in," Hight argued.
Rincon was never charged for the alleged assault on his sister, who was 12 at the time, or the third underage girl. His conviction last month on four felony counts for four different incidents all pertained to the one 13-year-old victim.
Three of the counts carried 15-year-to-life sentences because the crimes were committed with a gun. The fourth count earned a six-year, or mid-term sentence, because jurors found no weapon was used.
State law requires the sentences be served consecutively, though Cummings claimed more than 50 years to life was tantamount to cruel and unusual punishment and therefore the state requirement was in violation of the U.S. constitution.
Though the charge was based on the one girl, jurors did hear about the two other alleged victims, the underage teen girl who told police she had sex with Rincon and Rincon's stepsister, who denied the allegations that her brother groped her over her clothing and propositioned her and also watched her while she showered.
The victim <NO1>who <NO>the case was based on was a friend of Rincon's family. The victim's mother was dating Rincon's brother and the two families often spent time together for holidays and relied on one another for child care and other needs, the prosecutor said.
The victim said the sexual assaults began in late August 2008, when her mom had to stay in the hospital while having a baby and the victim was sent with her siblings to stay at the defendant's home -- which he shared with his mother, siblings and grandparents, Hight said.
She recalled Rincon showing her a chrome handgun, which had been tucked in the waistband of his pants, and placing the gun next to her head on the table next to the bed, telling her he would kill her and her mother if she said anything, Hight said.
The victim also recalled Rincon laughing at her as she put her clothes back on and tried to clean up afterward.
The second incident occurred about three weeks later, when the victim thought Rincon was gone and she went to see Rincon's younger stepsister, who is the victim's friend. When Rincon's sister took a shower, she asked the victim to stay because she was afraid to be home alone, Hight said.
The victim stayed and Rincon came home and attacked the victim, once again threatening her with the gun.
Two more rapes followed, including one in which the defendant allegedly held a beer bottle above the victim's head and threatened to smash her with it if she fought back or tried to run away, Hight said.
In all of the attacks, the 13-year-old said, she told the defendant she did not want to have sex with him and cried. She also told authorities she had trouble sleeping and was constantly crying at home.
Though the victim's mother asked what was wrong, she told police and the prosecutor, she was afraid to say anything lest Rincon follow through on his threats to kill her or her mother, Hight said.
The incident came to light after the victim talked about the attacks while in confession at church. At the urging of the priest she told her mom, who called police, Hight said.
During the defense's move for a new trial, Cummings questioned the credibility of the victim, charging her statements about the rape to police, at the prelim and at the trial were inconsistent.
"She gave very contradictory accounts of how he used the gun," Cummings said. "(With) the beer bottle, she contradicted herself on the stand."
Cummings went on to say the jury should have been allowed to see letters of apology Rincon wrote to all three girls. In the letters his client took full responsibility though he never referred to using a gun or force because that did not happen, the defense said.
"(Rincon) acknowledged early on his conduct in the case," Cummings said. "He simply did not admit to that which he did not do."
The judge, however, did not agree, denying the motion for a new trial and granting the prosecutor's request for a ten year stay away order that bars Rincon from contacting the victim through any means.
Lord also noted for the record that the jury was in his direct line of sight throughout the testimony of Rincon's stepsister and there were no outward signs of emotion with any of the jurors.
After the sentence was handed down Cummings formally filed a notice of appeal.
After the trial, Hight said the sentence was close to the maximum term allowed -- which would have been life with a minimum of 53 years -- and more than appropriate given the crimes.
"This was a brutal act, several brutal acts, where this 13-year-old girl is crying and begging and pleading with him every time to stop and he has a gun and he's in her face," Hight said. "He's a sexual predator."
Long Beach Superior Court Judge John D. Lord handed down the sentence, which requires defendant Everardo Rincon to serve at least 51 years in state prison before he can be <NO1>considered<NO>eligible for parole.
Public Defender Greg Cummings argued at length that his client deserved a new trial, claiming the court's decision to allow portions of evidence into the trial -- including the testimony of two other alleged victims, one of whom is the defendant's younger sister -- and its refusal to allow letters of apology Rincon wrote to all his victims made it impossible for the jury to remain objective.
"The court allowed the prosecutor to (enter) extremely inflammatory evidence," Cummings said.
"His sister cried throughout her time on the stand ... the jury was clearly unsettled by this testimony, it caused them to feel complete revulsion for my client," Cummings said, adding that three jurors had to look away.
"That's when the jury got off track in this case," the public defender said.
Deputy District Attorney Bob Hight countered Cummings' arguments by pointing out the court had already had a lengthy hearing to discuss the issue of the two other girls' cases and the letters.
Hight noted the court curtailed what could be shared with the jury regarding the other girls, barring the prosecution from disclosing Rincon's relationship to his sister "in an abundance of caution."
It was the defense, Hight said, who brought up the relationship between the two in an offensive move.
"The defense actually brings it in front of the jury as a sword and brings it out to inflame the jury even though he had the right not to and I couldn't bring it in," Hight argued.
Rincon was never charged for the alleged assault on his sister, who was 12 at the time, or the third underage girl. His conviction last month on four felony counts for four different incidents all pertained to the one 13-year-old victim.
Three of the counts carried 15-year-to-life sentences because the crimes were committed with a gun. The fourth count earned a six-year, or mid-term sentence, because jurors found no weapon was used.
State law requires the sentences be served consecutively, though Cummings claimed more than 50 years to life was tantamount to cruel and unusual punishment and therefore the state requirement was in violation of the U.S. constitution.
Though the charge was based on the one girl, jurors did hear about the two other alleged victims, the underage teen girl who told police she had sex with Rincon and Rincon's stepsister, who denied the allegations that her brother groped her over her clothing and propositioned her and also watched her while she showered.
The victim <NO1>who <NO>the case was based on was a friend of Rincon's family. The victim's mother was dating Rincon's brother and the two families often spent time together for holidays and relied on one another for child care and other needs, the prosecutor said.
The victim said the sexual assaults began in late August 2008, when her mom had to stay in the hospital while having a baby and the victim was sent with her siblings to stay at the defendant's home -- which he shared with his mother, siblings and grandparents, Hight said.
She recalled Rincon showing her a chrome handgun, which had been tucked in the waistband of his pants, and placing the gun next to her head on the table next to the bed, telling her he would kill her and her mother if she said anything, Hight said.
The victim also recalled Rincon laughing at her as she put her clothes back on and tried to clean up afterward.
The second incident occurred about three weeks later, when the victim thought Rincon was gone and she went to see Rincon's younger stepsister, who is the victim's friend. When Rincon's sister took a shower, she asked the victim to stay because she was afraid to be home alone, Hight said.
The victim stayed and Rincon came home and attacked the victim, once again threatening her with the gun.
Two more rapes followed, including one in which the defendant allegedly held a beer bottle above the victim's head and threatened to smash her with it if she fought back or tried to run away, Hight said.
In all of the attacks, the 13-year-old said, she told the defendant she did not want to have sex with him and cried. She also told authorities she had trouble sleeping and was constantly crying at home.
Though the victim's mother asked what was wrong, she told police and the prosecutor, she was afraid to say anything lest Rincon follow through on his threats to kill her or her mother, Hight said.
The incident came to light after the victim talked about the attacks while in confession at church. At the urging of the priest she told her mom, who called police, Hight said.
During the defense's move for a new trial, Cummings questioned the credibility of the victim, charging her statements about the rape to police, at the prelim and at the trial were inconsistent.
"She gave very contradictory accounts of how he used the gun," Cummings said. "(With) the beer bottle, she contradicted herself on the stand."
Cummings went on to say the jury should have been allowed to see letters of apology Rincon wrote to all three girls. In the letters his client took full responsibility though he never referred to using a gun or force because that did not happen, the defense said.
"(Rincon) acknowledged early on his conduct in the case," Cummings said. "He simply did not admit to that which he did not do."
The judge, however, did not agree, denying the motion for a new trial and granting the prosecutor's request for a ten year stay away order that bars Rincon from contacting the victim through any means.
Lord also noted for the record that the jury was in his direct line of sight throughout the testimony of Rincon's stepsister and there were no outward signs of emotion with any of the jurors.
After the sentence was handed down Cummings formally filed a notice of appeal.
After the trial, Hight said the sentence was close to the maximum term allowed -- which would have been life with a minimum of 53 years -- and more than appropriate given the crimes.
"This was a brutal act, several brutal acts, where this 13-year-old girl is crying and begging and pleading with him every time to stop and he has a gun and he's in her face," Hight said. "He's a sexual predator."
LBDP; need to stop going back on past records, and stop intimidating these people. That's harrasment! What happen to Satue of Limitation!
This is just a waste of there time, and tax payers money.
All the gang violence is rooted in poverty. Until we address income disparity we'll see more and more of this activity.
LB City Mayor and New Cheif of LBDP : Listen ur sending the wrong message to the ESL... I agree no gang n the LBC.... The thing is ESL r (latinos)..We haven"t heard any gang bust for other gangs in the city of Long Beach..This sounds and looks raciest ,discriminating on your end. Hopefully you do something quick before things really get ugly...freedom of speech RIGHT; well expressing my feeling...especailly cause i am a resident of LBC and grew up n the streets of Long Beach... and I'm sure theres more people out there that feel the same.
And cue the pirate-themed double entendres. I'll kick it off..."Yarrrgh, she could shiver me timber."
Your sentence invites followers to respond freely and if you don't have restriction only if the replies fall inside specified guidelines. This specific sentence features a web in-joke that would not totally fit the subject.