On April 1, 2010, around 1:00 a.m., Michael C. and his girlfriend Jill W. went to a bank ATM to withdraw money and then drove to their residence on Paramount Boulevard in the County of Los Angeles. Michael C. and Jill parked and got out of the car. As they walked toward their apartment, two men approached. Michael noticed that one of them was carrying a black gun that appeared to be a Glock and gleamed in the light from the street lamp. Michael had no doubt that the gun was real because he was familiar with guns. The man holding the gun later was known as Fernandez, and the other man as Witherspoon. Fernandez pointed the gun at Michael and Jill and demanded that they get on their knees and place their wallets, keys, and cell phone on the ground.Witherspoon took their belongings, and Fernandez demanded to know Michael’s PIN number for his bank card. Michael told him the number. Fernandez pointed the gun at Jill’s face, grabbed her by the arm, and said, “You’re coming with us.” He pulled her and began walking toward a car parked nearby. When they reached the car, Witherspoon opened the back door, and Fernandez pushed her into the back seat of the car. Fernandez sat next to her, and Witherspoon closed the door and got into the front passenger seat. There was already someone sitting in the driver’s seat. Michael, who was face down on the ground, heard some car doors slam, looked up, and saw a car speeding away. He could not see the license plate number. Michael was unable to get help from nearby residences, so he flagged down a motorist who allowed him to use his cell phone to call the police. Jill was looking out the window of the car, but Fernandez told her to keep her head down. Fernandez placed his hand on Jill’s waist and began pulling her jeans down. Jill pushed his hand away and said, “Please don’t,” but Fernandez pointed the gun at her crotch and told her to remove her clothes. Jill again said, “Please don’t do this,” but Fernandez pulled her pants and underwear off and threw them out the window. Fernandez pushed Jill’s head into his lap, unzipped his pants, and pulled out his penis. Jill tried to lift her head up, but Fernandez pressed the barrel of the gun to the back of her head, put his penis into her mouth, and told her “to do it like I do for my man.” Fernandez pushed her head up and down on his penis. Fernandez let Jill sit up and asked her name. He then put his fingers into her vagina twice. He pushed Jill down on the seat, picked up a piece of clothing, and put it over her face. He then lifted her sweater, pushed her bra aside, and kissed her breast. Fernandez put the barrel of the gun between Jill’s knees to spread her legs apart. The gun felt firm and hard to Jill, but she could not tell if it was metal or plastic. She again said, “Please don’t do this to me.” Fernandez kneeled over her, and she heard a plastic wrapper. Fernandez held Jill down with his body, spread her legs apart, put his penis in her vagina and thrust several times. Fernandez told Witherspoon and the driver, “She’s tight,” and “Jill is a good girl.” After Fernandez pulled his penis out, he put his fingers inside Jill’s vagina again. At some point, the car stopped at a gas station. The driver and Witherspoon got out of the car, and Fernandez told the driver to “use the card.” Fernandez then got into the front seat, pointed the gun at Jill’s face, and told her, “Take care of my friend.” Witherspoon got in the back seat with Jill, and the car left the gas station.
Witherspoon put his hand on Jill’s head and pushed it into his lap onto his penis. Jill tried to pull back, but Witherspoon pushed her back down and put his penis in her mouth. The car got on the freeway, and Fernandez said, “Jill wants to get out.” Jill sat up, saw that they were on the freeway off ramp, and started to open the door, but Fernandez said, “No, not yet.” The car turned onto Rosecrans Boulevard, and the driver slapped Jill’s butt cheek. Fernandez asked Jill if she wanted to get out of the car, and she said, “Yes, please.” Fernandez handed her Michael’s jacket and told her to put it on, and he told the driver to stop the car. Jill got out of the car, wearing only her sweater and an overcoat, and fell on the ground crying.