The San Bernardino County District Attorney’s Office has charged Russell Wayne Richeal II (Age 37 of Twentynine Palms) with sexual assault crimes involving a minor in Twentynine Palms.
CASE SYNOPSIS
On Wednesday, October 21, 2020, deputies from the San Bernardino County Sheriff’s Department conducted an investigation into a possible sexual assault involving a minor in Twentynine Palms. During their investigation, an arrest warrant was issued for Mr. Russell Wayne Richeal II.
On October 22, 2020, Mr. Richeal was located in Riverside County and arrested by the Riverside County Sheriff’s Department.
After reviewing this case, our office has charged Mr. Richeal in violation of the following sections of the California Penal Code:
Penal Code Section 286(c)(2)(B) – Sodomy By Use of Force Against a Victim Under Age 14 (Felony)
(c) (1) Any person who participates in an act of sodomy with another person who is under 14 years of age and more than 10 years younger than he or she shall be punished by imprisonment in the state prison for three, six, or eight years.
(2) (A) Any person who commits an act of sodomy when the act is accomplished against the victim’s will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person shall be punished by imprisonment in the state prison for three, six, or eight years.
(B) Any person who commits an act of sodomy with another person who is under 14 years of age when the act is accomplished against the victim’s will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person shall be punished by imprisonment in the state prison for 9, 11, or 13 years.
(4) Counts
Penal Code Section 286(c)(2)(C) – Sodomy By Use of Force Against a Victim Under Age 14 or Older (Felony)
Any person who commits an act of sodomy with another person who is a minor 14 years of age or older when the act is accomplished against the victim’s will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person shall be punished by imprisonment in the state prison for 7, 9, or 11 years.
(4) Counts
Penal Code Section 261(a)(2) – Rape of a Child Under 14 Years (Felony)
(a) Rape is an act of sexual intercourse accomplished with a person not the spouse of the perpetrator, under any of the following circumstances:
(1) Where a person is incapable, because of a mental disorder or developmental or physical disability, of giving legal consent, and this is known or reasonably should be known to the person committing the act. Notwithstanding the existence of a conservatorship pursuant to the provisions of the Lanterman-Petris-Short Act (Part 1 (commencing with Section 5000) of Division 5 of the Welfare and Institutions Code), the prosecuting attorney shall prove, as an element of the crime, that a mental disorder or developmental or physical disability rendered the alleged victim incapable of giving consent.
(2) Where it is accomplished against a person’s will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the person or another.
CASE INFORMATION
DA Case Number: 2020-00-0049627
Court Case Number: FMB20000532
View Superior Court Case Information
View Charging Document
INVESTIGATING AGENCY NEWS RELEASE
View San Bernardino County Sheriff’s Department’s News Release