Four get probation in case that began as kidnapping, rape

Bill Gang

Wednesday, Dec. 18, 1996 | 11:59 a.m.

Four men -- including one who was 16 years old at the time -- have avoided prison for an incident involving a 15-year-old girl, who said she was forced at gunpoint to drink alcohol and then raped.

District Judge Stephen Huffaker on Tuesday gave probation to the quartet, although the state Parole and Probation Department had recommended that they get the maximum six-year prison terms.

The defendants -- Genaro Pizano, 17, Joshua Overturn, 23, Jason Randlett, 20, and Eugene Nyden, 19 -- already had been given a break in a plea bargain that let them avoid possible life prison terms.

They originally were charged with kidnapping and sexual assault charges but pleaded guilty to single felony charges of coercion.

Although prison was recommended, Deputy District Attorney Ron Bloxham did not oppose probation, stating that being saddled with felony convictions plus probation and hundreds of hours of community service should be punishment enough for the men.

"We believe we're doing justice this way," Bloxham said. "Basically we believe they should be felons but should be given another chance."

As part of their three-year probation, Huffaker ordered that they perform 16 hours of community service each month, attend alcohol abuse counseling and refrain from the use of alcohol in public.

He did not, however, require that they not use alcohol at home, which is where the incident leading to their arrests occurred.

The incident began about midnight on June 23 when the girl was stranded by friends at Chaparral High School and went to Pizano's home for assistance.

But instead of driving her home, he and the others took her to Overturn's apartment at 3950 Mt. Vista Ave., where she said she was held against her will, forced to drink alcohol until she passed out and then assaulted.

She told authorities she tried to leave three times but was dragged back each time by Pizano.

Bloxham said at an early court hearing that Randlett pointed a pistol at her and ordered her to drink alcohol "or I'll blast you."

In her statement to police, the girl said she passed out and awoke naked with one of the defendants on top of her.

She said she heard calls from the other defendants of, "I'm next," "It's my turn" and "Hurry up."

The girl finally managed to flee the house in tears hours later and sought help from a neighbor, who called police.

If the men fail probation, they will have to serve a 13-to-60-month sentence set Tuesday by Huffaker.

None of the men made statements at the sentencing hearing, although some attorneys complained that the community service requirement was excessive because it would total 576 hours over three years.

Huffaker refused to back down, noting it was only 16 hours a month.

"There's a lot to be said about being reminded every month that you're on probation," Bloxham added.

Although Pizano is a juvenile, he was charged as an adult under a new law that requires automatic certification of some prior juvenile offenders.

Bloxham said the law applies to juveniles who have been convicted of a juvenile crime that would have been a felony if committed by an adult and the new charge involves sexual assault with the threat of force or any violent crime involving a gun.