People v. Spragans CA1/4

I. BACKGROUND

A. The Kidnapping and Sexual Assault of Doe1 Appellant and his cousins, Derrick Ware and Robert McNeally, spent the evening of February 13, 2010 at the Blue Macaw nightclub in the Mission District in San Francisco. Across the street from the Blue Macaw, at the Medjool nightclub, Jane Doe and a male friend, S. Mungia, were spending the evening with some friends of theirs. Appellant, Ware, and McNeally left the Blue Macaw at around 1:00 a.m., just as Doe and Mungia were leaving the Medjool. Doe and Mungia, who were very drunk, tried to hail a cab to take them to a friend’s house in San Francisco. Appellant, Ware and McNeally offered them a ride, which they accepted. All five then got into McNeally’s black Ford Silverado truck, with McNeally driving, appellant in the front passenger’s seat, and Ware in the backseat with Doe and Mungia. Doe and Mungia immediately passed out. Mungia awoke a short time later while the truck was crossing the Bay Bridge, headed east, and realized that appellant, Ware and McNeally were not dropping them off in San Francisco as promised. While the truck continued to head east, appellant was making derogatory remarks to Mungia and Ware was…