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On the night of November 30, 2007,[ 2 ] Maribel D. went to a couple of parties and then to her boyfriend's house in Sylmar. Her friend Christina and Christina's boyfriend were also there. At some point, Maribel asked Christina for a ride home because her boyfriend had been drinking and could not drive. Christina declined and Maribel decided to walk home. She left her boyfriend's house about 3:20 a.m.

 

As she was walking home, Maribel was talking on a cell phone to her friend, Josh. She was still talking to him when she reached the intersection of Workman and Celis Streets. As she was going down Workman, Maribel was approached by defendant Ruelas. whom she did not know. Ruelas asked where she was coming from. Maribel responding by asking Ruelas where he was coming from. When Ruelas put his arm around her, Maribel told him to back off but he did not let her alone. The next thing Maribel remembered was being on the ground in a residential driveway, screaming.

 

Ruelas was on top of Maribel and started touching her breasts and her crotch through her clothing. Maribel screamed. Ruelas pulled her across the street and then knocked her to the ground. He got on top of her again as she continued to scream. He put his fingers down her throat and punched her in the head two or three times while straddling her.

 

Believing she was about to be raped, Maribel asked if he had a condom. Ruelas had her walk with him to an area behind some bushes. She tried to talk him out of assaulting her, saying he did not have to do this kind of thing because he was a good-looking guy. Ruelas became more aggressive. He pulled her pants and underwear down to her knees, bent her over and put his penis into her vagina from behind. Then he put his penis in her anus. Maribel was still holding her cell phone, which continued to ring during the assault.

 

Afterward, Ruelas said he felt bad. Maribel said it was her fault for walking alone at 4:00 a.m. Ruelas asked if she was going to tell anyone about what happened and Maribel said no because she just wanted to get away from him. She left and walked the four blocks to her house.

 

Maribel went straight to her bedroom and called Josh. She was screaming and crying and told him she had been raped. At trial, Josh testified he had been on the phone with Maribel while she was walking home and that he heard a man speak to her. Ten or 15 seconds later, he heard Maribel say angrily, "[G]et your fucking hands off me." The phone call was cut off. Josh kept trying to call her back, but there was no answer. When a connection was finally made, he heard a woman screaming. Then the connection broke off. Unable to re-connect, Josh called 911.

 

By the time the police called Maribel's cell phone, she was already home. She took them to the crime scene, gave a report at the police station, and was taken to a medical facility for a sexual assault examination.

 

Detective Anthony Vairo of the San Fernando Police Department took Maribel back to the crime scene a few days later. She showed him exactly where the assault had taken place. From where Maribel had been initially knocked down in a residential driveway on Workman Street, to the location across the street where the rape occurred, was a distance of 86 feet. The rape occurred next to a Southern California Edison power relay station. The station was surrounded by a wall 15 to 20 feet high. There was a row of bushes a couple of feet in front of the wall. The bushes were about five feet high and there was a clearance of one foot from the ground to the bottom of the bushes. There was a dirt area between the row of bushes and the sidewalk.

2. The property crimes.

 

On November 30, Michael Villansenor was working at the San Fernando Newsstand on Truman Street. The newsstand was three blocks from where Maribel was raped. Villansenor closed the stand at 7:30 p.m. When the manager, Rudy Ortega, arrived the next morning he found the newsstand in disarray. Panels had been forcibly removed and magazines had been taken. One magazine was partially burnt. Villansenor identified several magazines recovered from the scene of Maribel's assault as ones carried by the newsstand.

 

Cruz Rivera was the customer service manager of the Union Bank on Truman Street. During the night of November 30, someone etched graffiti on several glass windows and doors of the bank, as well as on an ATM machine located near the bank's entrance. A police officer who responded to the scene saw the letters "N-O-B-E-K" etched into a glass door adjacent to the ATM machine.

3. The drug charge.

 

On December 2, the police executed arrest and search warrants at Ruelas's residence in Mission Hills. Officers found .11 grams of cocaine base and .32 grams of powder cocaine. In Ruelas's bedroom, there were several posters with graffiti written on them, including the letters "N-O-B-E-K."

4. Ruelas's police statement.

 

When Ruelas initially spoke to the police, he incriminated himself only in the Union Bank and San Fernando Newsstand crimes. He said he had been partying at a friend's and drinking a lot of beer. He left around 3:30 a.m. on a bicycle. On Truman Street, he stopped at the bank building, where he picked up a rock and etched his friend's name into the glass. He also grabbed a few magazines from a nearby newsstand to take home.

 

Ruelas then rode down Workman toward his house. He dropped the magazines and stopped to pick them up. Then he saw Maribel. They talked and he asked for her phone number, but nothing else happened. When Detective Vairo told him Maribel claimed he had raped her, Ruelas said they had had consensual sex.

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