A Brinks Armored Car company guard raped three female prostitutes in Orange County on separate occasions, a Santa Ana jury ruled today.
Jose Luis Capacete, 40, of Baldwin Park, now faces up to 150 years in state prison at his scheduled Aug. 2 sentencing.
In one case from Christmas Eve 2011, Capacete threatened a Harbor Boulevard prostitute in Santa Ana with a Taser, tied her up and raped her before admitting to police, “I did tie her up. I want to man up. I've been carrying this around with me.”
He was arrested after the prostitute raped on Christmas Eve contacted police. It was not difficult singling out Capacete as the suspect because when he threw money at the woman, he mistakenly included a gas credit card receipt.
The other two victims were discovered later, one coming after a Homeland Security agent contacted police about a prostitute who'd complained about a john wielding a stun gun and tying her up.
Investigators later found cell phones in Capacete's van and home that belonged to his victims and rope that had the DNA of one of the women on it. He explained he took the phones because he did not want the women calling police.
It was later reported he pleaded guilty in 2009 to misdemeanor engaging and agreeing to engage in prostitution, which brought him 10 days in jail, three years probation and an AIDS test.
The defense tried to argue the woman raped Christmas Eve was a liar, because she initially did not reveal her illegal profession to police, gave officers a false name and claimed she'd been snatched from outside a party she just left rather than the street she was working.
The main defense argument was there was insufficient evidence to convict Capacete. The jury obviously disagreed, deliberating about a day before convicting him of two counts of sodomy by force, and one count each of forcible oral copulation, sexual penetration by a foreign object, and forcible rape, all felonies, and a misdemeanor count of simple battery. Jurors
also found true sentence-enhancing allegations of tying and binding victims,
kidnapping and for crimes against multiple victims.