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Two arraigned in sex assault case

Bail set at $25,000

Posted: Friday, November 16, 2001

Two men accused of having sex with a woman while she was unconscious were arraigned Thursday in Juneau District Court.

Saul Toribio, 21, and Marcus Willard, 24, were charged with one count each of felony sexual assault stemming from an alleged incident of Sept. 15.

District Judge Peter Froehlich set bail at $25,000 each, ordered a third-party custodian to monitor each upon release and ordered they have no contact with the woman they allegedly assaulted.

According to the indictment, the two men are charged with having sex with a person who they knew was incapacitated.

If convicted, each man faces a maximum penalty of 10 years in prison and a $50,000 fine.

According to an affidavit from the district attorney's office, the woman was at a party with Toribio and Willard. The affidavit said witnesses told police they saw the two men "hitting on (the woman) but (she) wanted nothing to do with them."

The woman told police she was drinking vodka and eventually passed out on a mattress in the apartment where the party was held, the affidavit said. Willard told police that after the woman's friends left the party, he saw Toribio fondling the woman, who was still passed out, according to the affidavit. Willard also told police he and Toribio then passed a beer back and forth over the woman as Toribio continued to fondle her, the affidavit said.

The woman's friends told the police they came back to the apartment and saw Toribio and Willard on the mattress with the woman, the affidavit said. One witness told police Willard was sitting on the woman while Toribio fondled her, according to the affidavit.

The woman's friends said they yelled at the two men, who covered the woman with coats as they moved away from her, the affidavit said. The friends found her passed out and partially naked beneath the coats, according to the affidavit.

The next day she was examined by Bartlett Regional Hospital, which reported there was evidence of trauma and sexual penetration, according to the affidavit.

The two men were arrested last week.

Toribio also was arraigned Thursday in an unrelated case in Superior Court on a charge of felony sexual abuse of a minor. According to court documents, Toribio allegedly had sex with a girl he knew was 15.

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Melanie Plenda can be reached at mplenda@juneauempire.com.



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