A 33-year-old man was acquitted of sexually assaulting a prostitute in Santa Ana, but still faces charges of rape as jurors deadlocked on those counts, according to records obtained Thursday.

Sebastian Mardoqueo Vicente Alvarez was acquitted Wednesday of single felony counts of sexual penetration by a foreign object and assault with force likely to produce great bodily injury.

Jurors deadlocked 8-4 for acquittal on one count of rape, and 9-3 for acquittal on another count of rape.

The jurors also deadlocked 10-2 for acquittal on a charge of criminal threats.

Alvarez was ordered to return to court April 16 for a pretrial hearing on the remaining counts.

The victim was working as a prostitute about 3 a.m. on Nov. 17, 2018, when she approached the defendant in his car, Deputy District Attorney David McMurrin said in his opening statement.

Alvarez agreed to pay her $100 for sex acts so she got in and he drove her to another location in front of 1525 W. 7th St., McMurrin said.

Before they got started, the woman said she wanted to see the money and “that’s when everything changed. That’s when it went south,” McMurrin said. “That’s when it went from a consensual agreement to prostitution to a sexual assault rape.”

Alvarez took her phone and turned it off before he “got on top of her from the driver’s seat to the passenger’s seat,” McMurrin said.

He held her in the car for 90 minutes to two hours, McMurrin said.

“He put his hands around her throat, choking and strangling her,” McMurrin said.

The woman “grabbed” a $5 bill as she exited and left her phone behind in her attempt to get away, McMurrin said.

The woman “started banging and screaming for help” on doors in the neighborhood, McMurrin said.

A woman gave the alleged victim her sweater to keep her warm while police were en route, McMurrin said.

Jay Moorhead of the Orange County Public Defender’s Office, said his client went to a bar that night and was “there by himself playing pool and had four or five Coronas” before leaving and driving to a “high prostitution area” to “get late night tacos.”

There was a lengthy line in the drive-through, so Alvarez decided to park his car and attempt to walk in to order food, Moorhead said.

Before he got out, the woman solicited Alvarez, who initially “said he didn’t want anything, however, she was persistent,” Moorhead said.

With other motorists honking at them, the woman got in the car and he drove away, Moorhead said.

“She asked if he was a cop and he said no,” Moorhead said, adding that she asked him to touch her groin to prove it, so he did.

He drove to a “quiet residential street” and proceeded to have “consensual sex,” but when it “wasn’t finished when she wanted it to,” she asked for more money and he refused, Moorhead said.

The defense attorney said the woman was texting with someone on her phone during the sex.

The woman grabbed the defendant’s wallet before trying to get out and he attempted to stop her, prompting her to “threaten him that if you don’t give me more money my pimp is going to come and kill you,” Moorhead said.

Alvarez “saw headlights and at that time he was scared” because thought a pimp was approaching, so “he let her out and he took off,” Moorhead said.

“He has a wife and kids and being involved in prostitution is not something you want to be part of,” Moorhead said.

Leave a comment

Your email address will not be published.