Prosecutors won't go after CHP officer accused of rape
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BAKERSFIELD, Calif. (KBAK/KBFX) — A former California Highway Patrol officer accused of sexual assault won't face prosecution.
The Kern County District Attorney's office said Friday that it isn't filing charges against Jose Davila due to "insufficient evidence."
Davila allegedly forced himself on a drunk woman in September instead of arresting her for driving under the influence. Davila and his partner allegedly followed the woman home after a DUI traffic stop in the area of Highway 99 and Merle Haggard Drive.
The woman accused Davila of raping her in her bedroom. The other CHP officer, Roald Lopez, allegedly waited in the woman's living room.
After a two-month investigation, the Kern County Sheriff's Office recommended charges of assault under the color of authority be filed against Davila. The sheriff's office didn't say why it didn't recommend charges against Lopez or why it didn't seek more serious charges against Davila.
"I am a little bit surprised and disappointed, because I think in this particular instance, if the sheriff's office has determined an unlawful sexual assault took place, then stronger charges are appropriate, including the charge of rape," the woman's attorney, Cleve McKnight, told Eyewitness News when the investigation wrapped in November.
Friday, county prosecutors said Davila's actions were "unprofessional and inappropriate," though they have reasonable doubt whether the incident was a criminal act or something less.
Both officers resigned in the aftermath of the assault allegations.
Let's review: The woman was previously stopped and released without citation by the same two CHP officers approximately two weeks prior to her DUI stop made by the KCSD. During the first stop the "speeding" was actually the 21 year old female driving her vehicle rapidly across and in front of the CHP cruiser and into a parking lot at which time the two officers felt compelled to speak with her according to family members around ten minutes before releasing her. Everybody speak up who has been stopped by the CHP for speeding and released without a citation. I argue that this is not a common occurrence. I will go so far as to state that there appears to be a lot of citations and revenue generation going on especially right now while California is claiming that it is broke.Then a couple of weeks later the same female, an alleged "Dancer", and her male companion was stopped by the Kern County Sheriff's Department (KCSD) for a possible DUI. She was administered a field sobriety test to which she failed. She was never asked to blow into the Breathalyzer but the non driving male passenger was, according to statements made by the Father and brother of the female. The KCSD officer calls the CHP allegedly as a matter of procedure and it just happens to be the very same officers that had stopped her for "speeding" prior to this incident. They don't hook her up, legally park the vehicle, tow the vehicle, but instead make some sort of arrangement with her to follow her to an AM/PM Mini mart so she can fuel her vehicle and drop the male companion off, before continuing to follow her to her residence in their work vehicle and in uniform. They all go in to her abode, where one officer plays video games in the living room while the other removes himself with her to the bedroom where he has sex with the twenty-one year old woman that was stopped for drunk driving and failed the field sobriety tests. The officers depart the scene and at approximately 0500 hours she claims to have awakened to go to the bathroom and finds a filled prophylactic inside her at which at some point she is advised to call the police. Both officers subsequently resign a high paying, prestigious retirement at 50 years of age positions with the CHP and the DA says there does not appear to be enough evidence to support an allegation of rape, rape by intoxication, rape under the color of authority. Nothing. These are the facts. If you had access to the subjects and the alleged victim they may word it differently but in the end, the story would be the same. Now all of you men out there ask yourself if you did something like this how do you think it would have gone for you? Sure it is a speculative question but I am sure you get the drift. This is horrendous that these two officers did not get a chance to defend themselves in a court of law like the rest of the citizens that they have sent in front of a judge. I my opinion, and we all know about opinions, I think there is a division of the FBI that looks into cases like this one to find out why a DA could come to this conclusion.
Thank you for taking the time to read my long winded blog.......apogeeÂ
The CHP is above the law.................
There's another post I read that said:
"Supervising Deputy D.A. Andrea Kohler says there was only one other time Davila contacted the victim before the September 14th incident. "There had been a stop made of the alleged victim a couple of weeks prior. And she was not cited at that time for speeding.""
Who gets pulled over by the same cop twice in 2 weeks? He obviously stalked her. There's also the known admitted fact that she was drunk, and he obviously was not. It could be found she was too drunk to consent which constitutes sexual assault whether she supposedly consented or not. Who ever was in charge of this investigation at the DA is completely incompetent. There should be a trial whether they believe they have enough evidence or not. Let the jury decide.
 @Valorous You obviously haven't followed this case as reported. The same officer DID NOT stop her twice. He and his partner stopped her once for a traffic violation and did not cite her. That is not unusual. On the night of this incident she was stopped by a KCSO deputy, NOT the CHP officers. The CHP officers were sent to the scene to handle a DUI situation, as is SOP in these cases.
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It's the reviewing D.A.'s job to decide if a crime likely occurred, and to file charges if the evidence is likely to result in a conviction. If not, they don't just file charges and let a jury decide. You obviously do not understand the law.Â
@DR999 @Valorous You are the one that doesn't seem to know the law. Too drunk to consent does not imply in any way what so ever that she has to be passed out, or even have slurred speach. If they've had enough to drink to where they would say yes when they otherwise would have said no, they are too drunk to consent. It especially applies in cases where the other person is sober(this case). If you're sober, don't have sex with a drunk person, period. There is absolutely enough evidence for a jury to make an informed decision. They damn well do need to present this case and let a jury decide.
On the plus side, since both officer resigned while under investigation, they will not be hired by another department. That is unless that department wants to assume the liability which they won't.
Bakersfield.......doesn't surprise me. Oilfields, giant farms, lots of heat and rednecks.
So, the DA thinks that a woman getting drunk is an excuse for a man - a police officer, no less - to sexually assault her. Being drunk makes it her fault, not his for not keeping it in his pants. Hmm. If I lived in this DAs district, I wouldn't be voting for him again and just might try to arrange a recall election. Because no woman is safe as long as he thinks drinking gives men carte blanche to our bodies.
Susan. I wasn't assuming a gender: I was using he as a singular, third-person pronoun that I thought would be less offensive than it. I don't care what the gender of the DA is, the attitude that being drunk makes it okay for anyone (especially a cop) to sexually assault anyone (male or female) is abhorrent and not an attitude anyone should want in an officer of the court. I also find your attitude that being drunk is the problem and not that the cop was a sexual predator! Why isn't it *his* responsibility to keep it in his pants? Why isn't he the bad guy for giving into his predatory urges? The default should be that unless a woman say YES, the answer is NO.
 @Susan Wensel Thank you Susan. Unfortunately, your outlook is a minority opinion in this male-dominated society we live in. This story (and its comments) are a sad sad picture into this truth.
@Susan Wensel Why did you assume the DA here is a sexist man who hates women?  As a matter of fact, the DA in Kern County where this took place is a woman, Lisa Green.  You playing the sexist card is despicable, the so called "victim" is a stripper and was drunk out of her gourd driving around. Sorry, no sympathy from us on reckless morons like that.
 @mocus1   Really? No sympathy for a victim of sexual assault. Shame on you for stating that her profession and inebriation is a justification for this unforgivable crime. Shame on you. The DA being a woman doesn't negate the claim that this DA should not be reelected; she has failed to protect this victim and has supported a male-baised culture normative. Yes, Susan should not have assumed the DA was a man; however, the DA here is then a sexist woman who hates other women. All in all, mocus1, shame on you.Â
She was not cited because he had plans to rape her instead. She FAILED the field sobriety test.
 @wakeupAmerica  @DR999  @mocus1 She WAS NOT cited for DUI. Quit lying!
 @DR999  @mocus1 She was cited for a DUI therefore intoxicated and unable to give consent; therefore, it was sexual assault. This is clear. from From everything I've seen and read "credibility of the alledged 'victim'" sounds like blaming a victim for her appearance or lifestyle. Shameful. So yes, the officer was wrong to rape this woman.
 @wakeupAmerica  @mocus1 Where is the proof this gal was the victim of a sexual assault? From everything I've seen and read it sounds like it was consensual. The D.A.'s office decision was based on various factors, including the credibility of the alleged "victim". But the CHP officers were wrong to do what they did while on duty. If they wouldn't had resigned, they would have been terminated. Now the gal just wants money...
The entire incident is unfortunate & my thoughts go out to the "woman", his actions were at the very least "unprofessional and inappropriate", I am glad he & his co-worker resigned. There is a lesson to all in this horrible mess.
 @Sheila Metzger Cuñha She is not a "woman" - there is no doubt about her gender. I'm not sure why you put it in quotes.The lesson in this whole mess is you can't trust anyone, even cops - especially if you are female. And if you are female and do not conduct yourself with the utmost propriety, if you get drunk, if you wear clothes that someone thinks are too revealing, or if you do anything that someone else might think is improper, and someone sexually assaults you - people will say it's your fault.