Sixth defendant in Richmond gang rape case facing lesser penalties


By Malaika Fraley
Contra Costa Times
MARTINEZ — Charges for a Richmond man connected to the gang rape of a Richmond High School student outside a homecoming dance indicate his alleged involvement differed from five other defendants facing stiffer punishment, though prosecutors are not saying how.

Elvis Josue Torrentes, 21, was charged Thursday with sexual penetration of an incapable person, rape by a foreign object in concert and forcible rape in concert — punishable by up to 26 years in prison.

His five co-defendants, however, are facing life in prison, each charged with a special charge enhancement that alleges they “personally” and physically committed the assault. Prosecutors will not discuss the facts of the case or each defendants’ alleged role in the rape, citing the ongoing investigation.

Pinole resident Marcelles Peter, 17, and San Pablo residents Cody Ray Smith, 15, and Ari Morales, 16, are each charged with rape by a foreign object in concert and an enhancement of personally committing sexual penetration by force. Morales is also charged with second-degree robbery.

Manuel Ortega, 19, of Richmond, is charged with second-degree robbery causing great bodily injury, assault causing great bodily injury, rape in concert, and an enhancement for personally inflicting great bodily injury.

Jose Carlos Montano, 18, of Richmond, is charged with rape in concert, rape by a foreign object in concert, and two charge enhancements for personally committing rape and personally committing sexual penetration by force. Full story.

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