Nov 7, 2009 12:15 pm US/Mountain
6th Suspect Charged In Calif. Teen's Gang Rape
RICHMOND, Calif. (AP) ―
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Elvis Torrentes seen shortly after his arrest.
CBS
A sixth suspect has been charged in connection with the Oct. 24 gang rape of a 15-year-old girl at California's Richmond High School's homecoming dance.
Elvis Torrentes, 21, was arrested in Richmond, Calif., on Monday and charged Thursday with rape by a foreign object of a person unable to resist due to intoxication, rape by a foreign object while acting in concert and rape while acting in concert, Deputy District Attorney Dara Cashman said Friday.
According to police, as many as 10 people robbed, beat and raped the victim for two-and-a-half hours in a secluded area of the campus beginning at about 9:30 p.m. while as many as a dozen others stood by and watched.
Five other people have also been charged in connection with the attack, including three juveniles who have been charged as adults.
San Pablo residents Cody Smith, 15, and Ari Morales, 16, and Pinole resident Marcelles Peter, 17, have been charged as adults with rape by a foreign object while acting in concert. Morales has also been charged with robbery, according to the criminal complaint.
Richmond resident Manuel Ortega, 19, has been charged with forcible rape while acting in concert, assault with force likely to cause great bodily injury, and robbery.
Jose Montano, 18, has been charged with forcible rape while acting in concert and rape by a foreign object while acting in concert.
All of the defendants except for Torrentes also face enhancements that make them eligible for a life sentence, Cashman said.
Although she declined to talk about the facts of the case, Cashman said that, in general, to charge a suspect with the enhancement, prosecutors would need proof that a defendant personally penetrated the victim.
If somebody is present when a rape is committed and facilitates it in some way, but doesn't commit the actual rape, he can still be charged with the crime but not the enhancement, Cashman said.
Smith, the only member of the group to enter a plea, has pleaded not guilty to the charges.
All six defendants are scheduled to return to Contra Costa County Superior Court in Richmond on Tuesday.
Another person was arrested in connection with the rape, but was later released after the district attorney's office declined to file charges.
(© 2009 The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.)
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