.355 Blood Alcohol for Richmond Rape Victim

MARTINEZ (KRON) — The victim in the Richmond High School Homecoming rape case had a blood/alcohol level of .355, a doctor is testifying in the trial of two men accused in the sexual assault.

Dr. Jim Carpenter told the court Wednesday the victim’s injuries ranged from her head to her toes including scrapes, bruises and tearing. He says her back had the most injuries and that she clearly did not get hurt from falling.

20-year-old Marcelles Peter and 22-year-old Jose Montano are on trial charged with rape, rape with a foreign object and forced oral copulation.

The alleged gang-rape took place on the Richmond high school campus during homecoming night in 2009.

Dr. Carpenter says the victim suffered a concussion with a coma, swelling of the brain, and indicators of adult sexual abuse.

Earlier in the trial the victim testified she did not drink with the defendants and does not remember consuming alcohol that night.

The doctor testified Wednesday that for someone her size to have a .355 blood/alcohol level she would have to consume ten to 15 ounces of alcohol.

Testimony in the case continues Thursday. Follow KRON 4’s Justine Waldman’s courtroom updates on Twitter at @justinewaldman and @kron4news.

(Copyright 2013, KRON 4 News, All rights reserved.)

24 thoughts on “.355 Blood Alcohol for Richmond Rape Victim

    • Why? There are those of us who have been following this case for the past four years, and want to know what this miscreants did to this young woman. It may be sensational to you, but to the rest of us it is in fact news.

      • I realize there are those of you who like to know every dirty little detail. For the rest of us who actually think this girl should have as much dignity as can be salvaged at this point an article with the headline of her blood alcohol level serves no purpose but to feed your perverted need to, well, know every dirty little detail. Since you have been following this case for four years, by now you get it: this girl suffered horribly. It should be her choice (i.e. telling her story) whether or not strangers like you need to know every detail. This specific headline serves no purpose but to sensationalize ESPECIALLY since there is no back story: was she forced to drink? Was she tricked into drinking? Did she simply get drink? Even if the article answered that question it doesn’t diminish the atrocities she suffered and having that knowledge put out there for the sickos like you who drool over this kind of tidbit is just disgusting. THAT is why.

      • The headline speaks to what so many people still believe, that if a woman drinks, she is somehow responsible for what happens to her, as if men somehow lose all responsibility for their own actions, thereby opening up a dialogue. The details allow people to realize that what happened to this young woman was NOT merely sex, since our elected officials still choose to see rape as a crime of passion rather than what it clearly is, a crime of domination and brutality. This case more than anything else, serves as a dialogue and a teaching point for those who follow it and to those who are simply casual observers. It really should make no difference if she drank of her own accord or was forced to drink. Intoxication should not and cannot be seen as an opportunity to take away the choice of another human being. Now as to the backstory, those of us who have been following this case closely know that the victim had stated in the hospital and possibly to the young man who lured her to her fate, she was depressed because her parents were divorcing, and that is why she chose to accompany someone she knew into a situation that was unknown to her. So, while she was not a drinker, she made the decision to drink because she was unhappy. The young men and an old fool who appears to have happened upon the rape, made their own decisions to take advantage of the situation. We also know that there were young men sitting outside the dance watching who went into the dance, and that the school did nothing to get those young men off campus, since most of them were not even students at the school or had been suspended. That was a big part of her family’s lawsuit, and something her friends talked about after they heard about what happened that night. While the young man who lured her will never see a trial because of a technicality during his questioning, I am bothered by the fact that the main witness stated to the news that the bottle was held up to the victims mouth forcing her to chug the brandy, while on the stand he said she chugged willingly; but again, these are things that are known to those of us who have been following this case, and perhaps are not as important to those of you who are looking to call the coverage sensationalism.

      • LOL justify it however you like. This headline was simply put out there to garner sensationalism. It COULD have been informative, served a purpose, etc but as written it did neither.

      • Yeah, obviously you didn’t bother to read what I said, so I’ll make it simple for you. Her blood alcohol level indicates beyond any doubt that there is no way she consented to anything since it was at a nearly fatal level, which goes against what those who have already plead guilty to this crime have said. It therefore was absolutely informative.

      • true that the evidence of her blood alcohol level proves she could not possibly consent … but still it’s a sensationalist headline … as we already discussed.

        can’t blame a person for being outraged that the publisher used this as header. it’s poorly done.

      • But also true, it got people talking about a very simple part of this case that still seems to capture the public imagination. While the victims BAC is important to the prosecution, that she had any BAC is important to the defense as they attempt to use the publics perception of a young woman drunk as reason for whatever happens to her thereafter. While it sounds sensational to be sure, it al challenges the minds of those who still want to believe that females are wholly and solely responsible for what happens after she drinks alcohol. Use it as a teaching tool, rather than being so quick to jump down the authors throat.

      • you have to keep reminding yourself about the combination of academic and emotional reality and responses happening here. the header was unnecessary, as the conversation had already begun. it was sensationalist, rude, disrespectful … with only the purpose of getting those who think a woman deserves to be raped if she’s drunk to read the article. sensationalist.

        let’s agree that we understand each other.

      • How about this. We can agree that we understand each other, while also agreeing to disagree about the impact of the headline.

      • well, i don’t agree to that, because i want you to acknowledge that other people, with different experiences than you, have a very different reaction to this header than you do. that’s the whole point of sensationalism, that the header can do damage, or cause one to feel like the victim is being disrespected for the sake of getting a rise out of people.

        maybe you’ve never been raped or otherwise physically or mentally abused. maybe you’ve never been blamed for abuse against yourself. while we do actually agree that the fact of her blood alcohol level proves she couldn’t possibly consent to anything, that is not the impact nor the intended impact of using the header the way it’s published here.

        for those (mostly women) who’ve been systematically blamed for abuse against them/us, this is a trigger. it was unnecessary and rude to use it the way it’s used here. that’s the point people are making.

        because you are seemingly reasonable, it’s important to me that you understand this complaint as valid, even if it isn’t a trigger for you. i wouldn’t care at all if you were the type to blame a woman for being raped, but it seems you are not.

      • Then you are simply arguing for arguments sake. It is precisely for the reason that different people have differing reactions to the headline that it is relevant and why I don’t see it as sensational. It opens up a dialogue as is what happened here, for people to discuss what that particular BAC indicates. It is not the media’s job to tell us what we should think, but to simply present the facts as they are known and allow us to judge what those facts mean for ourselves. That is exactly what this headline does, and that is exactly what we are doing on this thread. And as with the juries in this trial, the defense indicates that the victim’s drinking means one thing, while the prosecution is stating that it means something different. It is up to the members of the juries to decide for themselves who is right.

      • HAHA saying i want something is the only way to get it . demanding it, offering some threat if i don’t get it … that would be an attempt at control HAHA dork

  1. I don’t care what her blood alcohol level was………she was RAPED BY THOSE ADULT MEN……..she will have to live with that for the rest of her life…….They should have to suffer for what they have done…….They made the choice to do that to a person knowing it was a crime……..What if it would have been your daughter or a girl of a younger age? Rape is rape people and it’s a violation of her space and the law………..I don’t feel sorry for any of those that did this to her and they should get Jail time for a very long time.

    • Some were adults at the time of the crime, while most were fellow teens. I’m not sure if that makes a difference, but since you are saying adults perhaps it does.

  2. Sounds like Marcelles Peter and Jose Montano’s parents are under educated folks that raised them to hate women and this is the result. America! Teach your sons to have some class, respect women and children, and man’s laws but more importantly God’s.

  3. If public beheadings were the result for pedophiles and rapists, we would have much less incidence of these crimes against humanity committed by those crazy beyond and repair or imagined redemption.

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