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YDDC teen cleared of rape charges

By Susie Gran
Saturday, February 2, 2008

A Children's Court jury found Augustine Chavez, 16, guilty of intimidating a witness and harassment and cleared him of more serious charges in connection with the September 2006 rape of one of his cellmates at the Youth Diagnostic and Development Center.

The 16-year-old victim's mother said the jury obviously didn't believe her son's description of the gang rape, which involved two other cellmates who have since taken plea deals in the case.

"It wasn't worth it to put my son through this to essentially have Chavez be called a bully," the victim's mother said. Her name is being withheld to protect her son's identity.

The 12-person jury deliberated for more than five hours late Friday after closing arguments wrapped up at about 5 p.m.

In closing arguments, the prosecutor described the youth center at 4000 Edith Blvd. N.E. as a "jungle," while the boy's defense attorney said that if any sex happened, it was consensual.

"This case is about the mafia-like culture at YDDC," prosecutor Nancy Neary said. "It's about breaking new kids in and the law of the jungle at YDDC."

The victim was a newcomer to the center who reported that he was raped in his cell his first night by his three roommates after first giving them oral sex.

"He was the new kid and they immediately perceived that they intended to make him their bitch," Neary said.

Three boys were charged with criminal sexual penetration, kidnapping and other crimes, but Chavez was the only one to go to trial.

The two other defendants in the case entered no contest pleas. Darnyle Pioche, 16, who was identified during Chavez's trial as the ringleader and a sexual predator, is awaiting an amenability hearing to determine whether he should receive an adult sentence for criminal sexual penetration.

Adam Landon, also 16, was the state's key witness after a plea agreement that he would testify in the trial of his friend Chavez.

Landon, who entered a no contest plea to conspiracy to commit kidnapping, corroborated the victim's description of the rape committed by Pioche.

The state contended that the victim performed oral sex on all three roommates out of fear, then was raped by Pioche.

However, Landon said he and Chavez didn't want oral sex with the victim and that the victim was not forced to have oral sex with any of his roommates.

Defense attorney Daniel Salazar told the jury Chavez was not a willing participant in whatever happened that night in his cell.

"If this incident occurred, it was consensual," Salazar told the jury.

"Don't feel sorry for (the victim). Maybe somebody should have protected Augustine Chavez from (the victim)," he said.

Salazar said all of the boys involved were victims of Pioche.

"Don't sacrifice Augustine Chavez because you feel sorry for (the victim) because of what Darnyle Pioche did," he said. "You can't throw away Augustine Chavez's life because of the testimony of (the victim)."

Sentencing for Chavez will be decided at a later court hearing.