GREELEY — A high school student must stand trial in the alleged gang rape of a 16-year-old girl, who claims the assault was captured on a cellphone.
Weld County District Judge Marcelo Kopcow ruled Tuesday that there is enough evidence against Damen Cantrell, 17, for him to face jurors on the rape charge. Cantrell was charged as an adult.
A friend of Cantrell’s, 18-year-old Alex Diaz, faces the same charge.
Both are alleged to have assaulted the girl in the basement of Cantrell’s Greeley home Nov. 15. Investigators testified Tuesday that the girl said she was held down on Cantrell’s bed while he and Diaz performed sex acts on her.
Police testified the girl believes a third male took photos of her with his cellphone. But police Detective Dennis Lobato said, under cross-examination, that several cellphones were confiscated during the investigation and none had images of the girl.
Cantrell pleaded not guilty after the police testimony. His attorney, Pamela Mackey, hammered on the theme during cross-examination that the girl was drunk and willingly drove with the three males to Cantrell’s home and entered his bedroom.
The alleged victim told Lobato that during a party at a friend’s house she drank 2 1/2 beers and downed three shots of alcohol after fighting with her boyfriend. She later left with Cantrell, Diaz and the third male and went to Cantrell’s house.
She and the trio entered a basement window and went to Cantrell’s bedroom, where she lay down. Cantrell began taking off her pants and started assaulting her, she said.
“She said ‘No’ and told him to stop,” Lobato testified she told him.
Diaz is alleged to have begun assaulting her as well, said Lobato, adding that she couldn’t push Cantrell off of her.
She later left with the three and went back to the party, where she slammed the home’s front door, “slumped back and cried,” Lobato said.
