Trial begins in sex assault case of former owner, manager of Little Italy bar
Published Monday, October 7, 2019 4:56PM EDT
Last Updated Monday, October 7, 2019 6:59PM EDT
Multiple security videos show the former owner of a Little Italy bar and its then-manager allegedly sexually assaulting a female customer in 2016, according to the Crown Attorney.
One of the owners of the former College Street Bar, Gavin MacMillan and manager Enzo DeJesus Carrasco were arrested in connection with the alleged sexual assault. They were charged with gang sexual assault, administering a stupefying drug and forcible confinement.
Both have pleaded not guilty to the charges.
On Monday, a jury heard the Crown’s opening statements in court. The incident, the Crown said, occurred on Dec. 14 after the victim met with a friend at the bar.
The Crown said that security video of the alleged incident showed the woman being "served three drinks over the course of the next 12 minutes" after her friend left. Crown Attorney Rick Nathanson said that the drinks appear to have been served by MacMillan and Carrasco.
Nathanson said that eight security cameras in the bar recorded most of the sexual assault. The video is expected to be played at the trial.
The court heard that after the bar closed for the night, the victim was alone with Carrasco.
"(The victim) shows increasing signs of intoxication; her walk and balance appear to become more wobbly and her gestures more animated,” said Nathanson.
Nathanson claims that Carrasco "forcefully" puts his hand down her pants.
"What seems quite clear is that she's more and more intoxicated as this continues, and each incident ends with her having to stop him, by pulling his hand away or backing herself away," he told the jury.
The court heard that at one point, "she looked completely passed out" after collapsing in a chair.
Nathanson told the jury that Carrasco "takes her by the throat or chin and positions her over something that he has set out on the bar, which appears to be cocaine.”
The Crown said that MacMillan, who was previously not present, then returned to the bar.
A "rough and forceful sex act takes place...for much of it she appears to be physically overpowered," the jurors were told in the Crown’s opening statement.
"She appears unable to stand up under her own strength and at some moments looks to be at or near unconsciousness.”
Nathanson said the security video shows the accused sometimes "are both participating at the same time.”
“Sometimes one is watching the other and sometimes they are alone with her....this goes on for a very long time."
The Crown said the acts appears very forceful at some point, with the alleged victim looking like she is physically overpowered or unable to resist. At other times, the victim can be seen on video smiling and kissing the accused.
The trial will continue on Tuesday.