Attorney: Boy held in rape has low IQ

A 13-year-old Santa Rosa boy accused of participating in the kidnapping and rape of a teen girl is mentally challenged and has no prior criminal record, his attorney said in court Monday morning.

The youth was arraigned in juvenile court on three felony crimes involved in the assault on the 15-year-old girl earlier this month.

Wearing a baggy white T-shirt and blue pants, the boy gave his mother and sister a wide smile as a bailiff brought him into the courtroom, where he sat between his attorney and an interpreter. He wore a headset to hear a translation of the proceedings into Spanish.

The night of the crime, April 6, the boy was out with three men, including a young man who may be a relative, said police.

While driving on Coffey Lane, two of the four forced a 15-year-old Santa Rosa girl into their SUV. They drove to nearby Comstock Middle School in northwest Santa Rosa and over a period of time, raped and assaulted her, police said.

As well as rape and kidnapping, the four also are charged with forced oral copulation. The men have two additional charges of assault with a deadly weapon and forcing the girl to take drugs, according to court records.

The deadly weapon charge involved an allegation that someone in the group strangled her with his hands, police said. The drug involved was some kind of white powder.

The adults, Oscar Anibal Magana-Aristando, 20, Salvador Armando Rivas, 18, and Alejandro Corado, 30, were arraigned in adult court last week. They pleaded not guilty to the five charges against each of them.

They remained in custody Monday in lieu of $400,000 bail each for the charges and a no-bail immigration hold because they are believed to be in the country illegally.

The 13-year-old has been housed at Juvenile Hall since his arrest Thursday.

In court Monday, Judge Allan Hardcastle used simplified wording, typical for juvenile court, as he outlined the proceedings and three felony charges facing the teen.

"I'm not sure if he understands much about his circumstances or why he is here," defense attorney Patricia Long told the court.

She said he is considered a special education student and has a low IQ.

When Hardcastle asked the boy if he understood he had the right to enter a plea in the case, the boy said nothing, then barely shrugged his shoulders.

The boy, who family members said attends Santa Rosa Middle School, will be given a psychological evaluation to determine his competency. He will remain at the detention facility and is due to return for a court hearing May 4.

The three adults are scheduled to return to court May 20 for a settlement conference.

You can reach Staff Writer Randi Rossmann at 521-5412 or randi.rossmann@

pressdemocrat.com.