The home was owned by victim’s boyfriend, an independent contractor. About 10 p.m. victim’s boyfriend was awakened, for some reason, and noticed a man standing in the doorway to the bedroom. A flashlight was in his left hand and in his right hand he held a gun pointing at them. Victim’s boyfriend noticed the intruder wore a dark ski mask and some type of nylon jacket. He was about 5 foot 8 inches tall, 165 or 180 lbs.
As soon as victim’s boyfriend awoke, the assailant shone the flashlight right in his eyes and said “Motherfucker, you’re dead. Put your face down or I’ll blow your fucking head off.” He then ordered victim to tie boyfriend’s wrists behind his back.
Victim awoke and heard assailant threatening boyfriend. He then threw some shoelaces on the boyfriend’s back and ordered victim to tie his hands. “Don’t look at me, don’t look at me,” he growled when she glanced over. As she tied his hands, the intruder snarled “tighter, tighter.” Then he tied victim and retied boyfriend’s wrists.
As is typical of all attacks, they could hear him rummaging in the house and, in this case, tearing towels in the hallway (as he was coming back). He entered. “Don’t look at me or move or I’ll blow your fucking heads off.” He told them he only wanted money and something to eat. He repeated this a number of times and especially warned the boyfriend he’d “cut his head” if he moved. He rummaged the house and came back to check on them. He asked victim where her purse was. She replied it was in the garage. After he went to the garage he came back and ordered victim to move away from her boyfriend. and get on the floor.
When he pulled her up from the floor, victim noticed that his legs were white with brown hair. He was also wearing brown checkered socks; the elastic stretched. He was wearing dirty white tennis shoes. She assumed he wasn’t wearing any pants or he might be wearing shorts.
Assailant took victim to the “front room” and put her on the floor and threw a blanket over her. He blindfolded her with a towel. She heard him rummage in the kitchen, then heard him pass with glassware. He returned to the master bedroom and placed them on the bed next to the boyfriend. He said all he wanted was food for his van. “If I hear these, I’ll blow your fucking head off.” He tied the boyfriend’s ankles again with cord (from the television). He ran the knife down his back and warned the boyfriend he’d cut his head off if he moved. Then when he left he closed the bedroom door after him.
It should be noted that boyfriend was a rather large and powerful man.
Assailant then returned to the front room to the victim. He turned on the television for light, but not the sound. He said something but she couldn’t understand him. She told him she could not hear him (possibly due to the blindfold). Then he got mad and ordered her to whisper. He said something else, but she still could hear him so he got down very close to her ear and whispered “If you do what I want, I’ll take the food and money and leave without hurting anybody.” From his seductive hiss, she knew then she was going to be raped.
Victim always slept naked. Assailant took the blanket off of her and sat on her backside. He put his penis and her hands. He said nothing, but she understood what he wanted her to do.
Assailant was never fully aroused. He then untied her ankles and rolled her on her back. Uncharacteristically, he fondled her breasts.
He raped her. She estimated for about a minute. He put her on her side and raped her again. He squeezed her left breast very hard. He got up, threw the blanket back on her and retied her ankles. He shoved a towel in her mouth and then tied her ankles to the bookcase with one of her boyfriend’s ties. He turned the TV off.
“I’ll just get these things together and put them in my van.”
Victim heard him go outside. Afterward she heard the front door squeak. He came back. He walked around for a while and then it was silent. She got a knife and freed herself and her boyfriend.
Investigation proved that The EAR had at one point stood on the flower box in front of the front window and must have peered in the living room. Then he forced the side gate. He cracked a window of an empty bedroom around around the lock and got in. The neighbors reported hearing the gate being forced and glass being cracked. Due to the fact that the owner was an independent contractor (who built the home), victim and owner lived there with
little furniture only until it could be sold.
Victim and her boyfriend had gone to San Jose together around 6:45 p.m. to check on some of his property. When they returned home around 9 p.m. owner noticed that the door to the bedroom into which the EAR would later break and enter was closed. They usually left it open. They didn't really think anything of it at the time.
Investigation also showed that EAR had brought the shoelaces with him. Only one pair of laces was missing from the homeowner’s shoes. The boyfriend’s size was so imposing that EAR had tied his wrists with shoelaces, electric cords and even a piece of pantyhose.
Victim believe that when EAR had squeezed her breasts he was using bare hands and not gloves.
EAR stole $1,600 in cash, about half of what the homeowner had. He left the other half.
EAR did not call victim a ‘bitch.’
The assailant was about 5 foot 8 inches tall, about 165 lbs. He wore a dark ski mask and a nylon type of wind breaker and dirty white tennis shoes. Socks had stretched elastic; were brown checkered. He had brown hair on legs. By the way he talked, he sounded 25 to 30 years old.
The geography combines the 3 major tactical allies of The EAR— parks and school at either end of the canal and trail, and a long corridor with power pylons overhead.