The People v. Bernabe CA2/8

STATEMENT OF FACTS

At approximately 5:00 a.m. on Sunday, July 17, 2011, Dawn G., a homeless woman, was sleeping on a bench by the Metro Gold Line Station at Lake Avenue and Maple Street in Pasadena. She woke up and was smoking a cigarette when a man, later identified as appellant, drove by slowly in a van. Appellant rolled down the window and yelled out asking Dawn if she wanted to make some money, and she shook her head no. Appellant drove past Dawn, made a U-turn at the next traffic light, and returned. Dawn pressed “9-1-1” on her cell phone but did not press talk to send the call. Appellant pulled up directly in front of her and again asked if she wanted to make some money, to which she responded, “No, I don’t do that.” Appellant slammed the van’s gear shift into park, got out of the van, and sat down on the bench next to her. Dawn did not smell any odor of alcohol on him or hear him slurring his speech. Appellant tried to put his hands down her shirt, and she pushed him away, telling him “get away from me, leave me alone.” When she lay down on her luggage, appellant stood up about three to four inches from her face, unzipped his pants, and took out his penis. She sat back up…