UPDATE: 15 year old Girl Was Gang Raped by 10 Young Men For OVER 2 HOURS Outside Of Homecoming Dance At High School. 6 Young Men Have Been Caught!

The Oakland Tribune
Sixth defendant in Richmond rape case facing lesser penalties
written by Malaika Frale
Friday October 6, 2009 04:47:48 PM PST

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.

Prosecutors said the brutality of the crime lead them to charge the juvenile suspects as adults.

The 16-year-old victim was hospitalized for several days after, police said, numerous men and boys raped her — while others watched — in a dark courtyard at Richmond High School during a homecoming dance Oct. 24. The girl was assaulted for two hours before word of the assault reached a young woman in the neighborhood who called 911.

All six defendants are due back in court on Tuesday. Only one, Smith, has so far entered a plea — not guilty.