Four charged with raping teen agree to plea bargain

Bill Gang

Thursday, July 25, 1996 | 11:59 a.m.

Four young men -- one just 16 years old -- have agreed to plead guilty to coersion charges in an incident involving a 15-year-old girl who said she was forced at gunpoint to drink alcohol and then was raped.

The defendants waived their preliminary hearing Wednesday in Justice of the Peace Doug Smith's courtroom in the first step of the plea bargain. They are scheduled to enter their pleas Aug. 1 in District Court to the charges that could put them in prison for six years.

That is less than the life prison terms they would have faced if they had been convicted of the kidnapping and sexual assault charges originally filed.

Deputy District Attorney Ron Bloxham called the negotiation "a fair deal for everyone involved."

He noted the victim, who had turned 15 in May, was pleased that she didn't have to testify in court against Genaro Pizano, 16, Joshua Overturn, 22, Jason Randlett, 19, and Eugene Nyden, 18.

The incident began June 23 when the girl went with friends to Chaparral High School about midnight but found herself with no way home when the friends left.

She went to Pizano's home for assistance and he telephoned the other young men, according to court records.

But instead of driving her home, they took her to Overturn's apartment.

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

Bloxham said in court 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 awakened 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.

Although Pizano is a juvenile, he was charged as an adult under a new law.

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.

At the end of Wednesday's hearing, the judge refused to release the defendants from jail on their own recognizance but lowered bail to $6,000 for each. It had been set at $25,000 each.