Man Convicted in Cold Hit Rape Case

FOR IMMEDIATE RELEASE
May 26, 2011

CONTACT:
ADA Seth Steward, DA Gascón’s Office, (415) 553-1014
Erica Terry Derryck, DA Gascón’s Office, (415) 553-1167

MAN CONVICTED IN COLD HIT RAPE CASE

SAN FRANCISCO, CA – District Attorney George Gascón announced today that Damien McCartney, (DOB: 5-25-74, CN 9001694), was convicted of kidnapping and rape charges. The conviction came after a two and a half week jury trial in San Francisco Superior Court Department 21 before the Honorable Jerome Benson.

“Rape is a brutal and violent crime. This conviction hopefully gives some level of closure to the victim,” said District Attorney George Gascón. "Assistant District Attorney Greg Barge and the San Francisco Police Department did an excellent job bringing this defendant to justice.”

On Friday, May 20, 2011, the jury found the defendant guilty of two counts of kidnapping to commit rape in violation of California Penal Code Section 209(b), two counts of rape in violation of California Penal Code Section 261(a)(2), oral copulation in violation of California Penal Code Section 288a(c)(2) and sexual penetration by a foreign object in violation of California Penal Code Section 289. Additionally, the jury found true the allegation that the defendant was convicted under one or more circumstances in violation of California Penal Code Section 667.61 and the jury found true the allegation that the defendant used a deadly weapon in violation of California Penal Code Section 12022.3. On Monday, May 23, 2011, the defendant was found to have been previously convicted of criminal threats in violation of California Penal Code Section 422.

According to the evidence presented at trial, on October 4, 2001 the victim went to the bus stop at Mission and Oliver Streets to catch the bus to work at 4:30 in the morning. The defendant approached her, dragged her away, and assaulted her. The rape kit was analyzed in 2002. A match between the defendant’s DNA and the DNA found at the scene was made in 2006, but the victim could not be located at that time. In 2009, the defendant was arrested in Santa Clara County. Lieutenant Leydon, of the SFPD Sex Crimes detail, alertly noticed this information and looked for the victim. He was able to locate her and the case was filed.

This cold hit rape conviction is the result of the investigation by San Francisco Police Department Lieutenant Leydon, retired Inspector Dolores Casazza, Officer Michael Rivera and employees of the San Francisco Police Department Crime Lab.

The case was continued to Tuesday, June 21, 2011 in Department 21 at 9:00 a.m. to set a sentencing date. The defendant faces a maximum sentence of 110 years to life in state prison.

Assistant District Attorney Greg Barge prosecuted the case.Christine Ticas and Patricia Barragan were the victim witness advocates on the case.

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