By Mary Magana-Ayala
SACRAMENTO, CA – Charles Young, accused of sexually assaulting his neighbor in a garage, will be held to answer for sexual assault-related charges after his preliminary hearing in Sacramento County Superior Court this past week—the alleged assault took place while the victim was asleep and intoxicated, stated the prosecution.
“She said she drank a lot and went to bed at around 1 or 2 in the morning,” according to testimony that noted on the day of the alleged assault the victim and her boyfriend had invited a few people, including their neighbor Young, to drink alcohol outside of their garage and watch the football game.
According to testimony, the victim, her boyfriend, and four-year-old granddaughter lived in a two-car garage. The victim’s granddaughter was present at the time of the assault, sleeping in a reclining chair along with the victim’s boyfriend who was next to the victim in the bed.
“There is a reclining chair in the room where her granddaughter slept… less than 10 feet away from the bed,” according to the investigating detective.
“She indicated that she realized it was not her boyfriend. She screamed and (the victim’s boyfriend) jumped out of bed and chased Mr. Young out of the garage. She believed her four-year-old granddaughter slept through all of that?” asked Assistant Public Defender Jessica Hempstead. The witness answered, “Yes.”
Detectives said that one of the witnesses present that evening identified Young to be wearing an Adidas tracksuit that was later recovered when police searched his house.
Toward the end of the preliminary hearing, Judge Curtis M. Fiorini stated, “ I do find there is sufficient cause to believe the defendant is guilty thereof and is therefore ordered held to answer…”
PD Hempstead filed a motion regarding asking the judge to release the incarcerated Young on his own recognizance.
“Prior charges do not come close to these accusations, he has not failed to appear for court dates, he is not going to have any trouble getting to or from court dates. Although he does own the house in question he does not need to reside there; he can reside with his mother. He would not have any contact with Ms. Doe or anyone else involved in the case. He has a full time job waiting for him…he has three children who he supports” argued PD Hempstead.
Deputy District Attorney Colin Stephenson objected to the motion to release Young on his own recognizance, noting Young’s long rap sheet and several instances where he failed to comply with probation terms.
“Mr. Young has shown a consistent willingness to violate the law both while on probation and having pending charges” argued DDA Stephenson, adding Young has pending charges both in Yolo County for threatening a person and a pending DUI case in Sacramento County.
“While he doesn’t have prior sex assault allegations, he has had a few prior serious allegations…one of the biggest factors the court needs to consider is public safety,” said the DDA.
DDA Stephenson stated that the victim contacted the detective in the matter indicating she was in fear of Young and afraid of his release and asked to be in a program that advises victims when their assailant is released from custody.
“I know that (opposing) counsel indicated Mr. Young is not going to go to the house in which the victim resides but we have seen that Mr. Young does not comply with conditions put forth upon him. Mr. Young has a long history of violating those parameters and restrictions” argued DDA Stephenson.
“I do consider the protection of public and safety of the victim, the seriousness of the offenses, and his record and compliance with court orders, and likeliness of future appearances. Mr. Young poses a significant danger to the victim but also the community as a whole. I am going to deny the motion to release him on his own recognizance” concluded Judge Fiorini.