People v. Mays, Cr. 4238
| Decision Date | 18 May 1971 |
| Docket Number | Cr. 4238 |
| Citation | 17 Cal.App.3d 641,95 Cal.Rptr. 190 |
| Court | California Court of Appeals Court of Appeals |
| Parties | The PEOPLE of the State of California, Plaintiff and Respondent, v. Michael Joseph MAYS and Benjamin A. Sam, Defendants and Appellants. |
Michael Joseph Mays and Benjamin A. Sam appeal their court tried convictions for kidnapping (Pen.Code § 207), two counts each of forcible oral copulation (Pen.Code § 288a), and two counts each of forcible rape (Pen.Code § 261, subd. 3). Execution of sentences for kidnapping were stayed pending appeal, to become permanent upon completion of the sentences for the other crimes which are being served concurrently.
We detail the facts both because defendants contend the victim's testimony was inherently improbable and because of the warning afforded to the increasing number of young girls who seem to consider hitchhiking an acceptable part of their life style.
After attending a party in the Hillcrest area of San Diego the night of August 17--18, 1969, twenty-one-year-old Sylvia, foolishly hitched a ride between 2:00 and 3:00 a.m., intending to go to Ocean Beach to spend the rest of the night with a girl friend. The defendants, Marines stationed at Camp Pendleton, picked up the hitchhiking Sylvia and after a stop for gasoline, drove her to the corner of West Point Loma and Nimitz Boulevard in the Ocean Beach area.
Sylvia gave defendants directions to the freeway, left the car and walked west on West Point Loma Boulevard. After leaving, defendants returned, accosted Sylvia and asked for directions to the freeway. She said she had already directed them. Defendant Sam got out of the car, approached Sylvia and voiced an intention to have sexual intercourse with her.
Sam grabbed Sylvia, she kicked, fought and screamed as loudly as she could. Her screams were heard by two residents of the area. Sam hit Sylvia about the face with his fist and forced her into the front seat of the car. Sam continued striking Sylvia because she would not stop screaming. Sam slammed the car door and Mays drove off with tires squealing. Every time Sylvia made a noise, Sam hit her. She quieted.
Sam pushed Sylvia onto the car's back seat and ordered her to take off all her clothes, threatening to kill her if she didn't obey. Sylvia cried and was struck whenever she made a noise. Sylvia took off her clothing.
Sam removed most of his clothing, covered Sylvia's face with a towel, hit Sylvia again, then had sexual intercourse with her. Sylvia said Sam then pushed her over on her stomach and committed an act of anal intercourse on her. The trial judge gave defendants the benefit of a reasonable doubt actual penetration occurred and acquitted them of two charges of sodomy. During these acts the car remained in motion, driven by Mays.
Mays stopped the car, changed places with Sam and removed most of his clothes. He ordered Sylvia on her back, told her to shut up and had sexual intercourse with her. Mays then forced Sylvia to orally copulate his penis.
Sam stopped the car on Harbor Drive. Mays let Sylvia put her clothes back on. She directed defendants to the freeway and begged to be set free. Sam said
Sam drove north on Interstate 5. Mays ordered Sylvia to remove her clothing again. She took her pants off. Mays forced her to orally copulate him again. Mays then had another act of sexual intercourse with Sylvia. Sylvia said Mays then forced her over on her stomach and performed an act of sodomy. As noted, the court entertained a reasonable doubt penetration occurred. Mays turned Sylvia back over and resumed sexual intercourse.
Sam stopped the car on an off-ramp. Mays said he...
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