Judge gives man 6 years for PB rape

March 19, 2008 No Comments

A Bakersfield man who attacked and raped a woman after she left a Pacific Beach bar was sentenced Monday, March 17, to six years in state prison.

Hosh Deion Thomas, 24, was visiting friends in Pacific Beach when he struck up a conversation with a woman in her 20s at The Tavern bar on Dec. 10. The woman came with two female friends to celebrate the end of finals, but their designated driver became too intoxicated to drive, and they took a taxi home, leaving her at the bar alone. One friend promised to return, but didn’t, according to the probation report.

When the bar closed at 2 a.m., Thomas said he would walk her home. The victim asked a bartender if he knew Thomas, and he said yes, Thomas had been there with his friends before.

While walking in the 1200 block of Diamond Street, Thomas abruptly punched the woman repeatedly and knocked her down. He tore off her clothes. Her screams got the attention of a man riding a skateboard, who stopped and turned around to approach the scene, which caused Thomas to flee.

The skateboarder called 911, and San Diego police units responded, and the victim was taken to a hospital. Thomas was later identified with help from The Tavern’s video footage and personnel.

Thomas’ attorney, Curtis Floyd, also from Bakersfield, asked San Diego Superior Court Judge Michael Smyth to impose a three-year prison term, saying “alcohol did play a part for both participants.”

The judge quickly replied, “You’re not saying, are you, that she should be beaten and raped because she drank alcohol?”

Floyd answered no but added that alcohol definitely played a role in the crime. Floyd said Thomas was present in the house when his biological mother was shot to death when he was 8 years old, and his father never married his mother. Floyd said his client had failed relationships with women.

“He’s had more luck than most people would. Cry me a river,” said the judge. “He was able to go to school.”

Smyth noted in the probation report that Thomas was adopted by a pediatrician and his family. Smyth said he was unable to understand any connection between the death of Thomas’ mother at age eight and him committing a vicious rape at age 24.

“The attack is almost utterly inexplicable. Something made him do a pretty vicious attack,” Smyth said.

Thomas said, “I take full responsibility for my actions. It wouldn’t have happened if I had not been drinking that day.”

This caused Deputy District Attorney Gretchen Means to remark that Thomas was blaming the alcohol for the crime and not himself. Alcohol use “is not a defense,” Means said.

“The defendant has no insight to his behavior. He has thin, thin remorse,” Means said, adding that the location of the rape in a public place showed he was “brazen and callous.”

The victim told the judge she developed “vivid flashbacks” of the attack and has not told her parents about it because she is too embarrassed. She called it “the worst thing that ever happened in my life.”

“Some days all I can do is cry. I cannot be alone ever and have nightmares of being beaten and raped,” said the victim, who began weeping.

She was unable to finish her statement, and the prosecutor read the rest of it to the judge.

“I feel so fragile. I’m embarrassed and disgusted that this man was close to me,” she wrote.

Smyth fined Thomas $1,220 and ordered him to be tested for AIDS, and to give a DNA sample. The judge said a restitution hearing for the victim’s medical and counseling expenses would be heard when those figures come in. Thomas will also have to register as a sex offender in whatever community he will live in after he’s paroled. He also got credit for 95 days spent in jail.

Thomas told the probation officer the victim flirted with him and offered to make out with him, but he declined. He also said she was drunk, and the flirting continued as they walked out of the bar.

Thomas admitted to abruptly punching her, and said he did so because he “no longer wanted to kiss her.” He admitted to throwing her down on the ground, tearing off her clothes. He claimed she never said no, and denied he committed rape.

The report said Thomas “regretted not staying around and helping the victim collect her clothing.”

When the probation officer asked him why he pleaded guilty to rape if he was denying it, Thomas replied, “I’m a big black athlete. Who’s going to believe that I didn’t rape her? I was 100 percent wrong for hitting her. I pled guilty because I assaulted her. But I didn’t rape her.”

Thomas was a wide receiver for Southern Utah University in 2005 and played football in high school. He worked at a home improvement store in Bakersfield.

Police officers said The Tavern personnel were helpful in identifying Thomas as the rapist. They provided images from their video camera and talked with regulars who knew Thomas, according to the probation report. Police went to where Thomas was staying. He wasn’t there at the time, but he was arrested after he agreed to meet with them at a Starbucks store on Dec. 13.

Thomas has no previous criminal record other than a misdemeanor case of driving under a suspended license and hit and run. He has pleaded not guilty to those charges, which involve an incident on Aug. 29, 2007, that was investigated by the California Highway Patrol in San Diego.

by NEAL PUTNAM
03.19.08 – 03:21 pm
Assault, Bars and Restaurants, Designated Drivers

Leave a Reply


Advisory: Hot Prowl Burglary in PB (aka Man Standing in Sleeping Woman’s Bedroom)

The San Diego Police Department Sex Crimes Unit is currently investigating a hot prowl burglary that occurred near the...

Holiday Week Checkpoints

The Friday, July 5, DUI checkpoint was conducted in the 2600 block of Ingraham Street, and was operational from...

Alcohol Industry Playbook – Confidential

Here’s a handbook illustrating the strategies some bar and restaurant owners use to deflect attention away from their businesses....

Pacific Beach Shore Club Deck Expansion

I want to encourage good businesses in Pacific Beach but, feel like the lack of state and local oversight...

34 Arrested Across 2 DUI Checkpoints

The San Diego Police Department and the San Diego County Probation Department conducted two DUI checkpoints Saturday night that...

Yet Another Police Officer Injured in Drunk Driver Crash

SAN DIEGO – A suspected drunken driver was arrested early Tuesday after he plowed through a stop sign and...

UPDATE: Bad (horrible) day in Pacific Beach – man seriously injured by alleged DUI driver dies

At 9:45 am in Pacific Beach at the busiest intersection in San Diego was nearly entirely closed down for...

5 injured in car accident in Pacific Beach this morning – Possible DUI

Five people are injured after a black Nissan Titan ran a red light in Pacific Beach at around 9:45...

Priest arrested on suspicion of DUI after driving car into building

Ed. Note: My intent is to not be publicly shaming anyone. I wouldn’t normally post this if the fact...

Current Situation and Proposal

This site illustrates problems in a neighborhood of alcohol outlets that are highly concentrated – Pacific Beach. For our...

San Diego police say an overnight DUI checkpoint in Pacific Beach nets 12 arrests

612 vehicles passed through checkpoint An overnight sobriety and driver license checkpoint in Pacific Beach netted 12 arrests for...

Car Crashes into PB Home

Mercedes rammed nearly halfway through the house A suspected drunk driver lost control and crashed into a home in...

DUI checkpoints planned over holiday weekend

The San Diego Police Department Traffic Unit will be conducting DUI and drivers license checkpoints at undisclosed locations within...

Pedestrians injured in drunk driving hit-and-run

A man is seriously injured after being hit by a drunk driver in Pacific Beach overnight. A man and...

Bullocks – PB’s Newest Billboard – ~1,100 Sq. Ft.?

Bullocks to this. It looks like the former Jack Daniels billboard, which took over about 1,100 sq. ft. of...

Man jailed after ramming police car in Pacific Beach

A man landed in jail Sunday hours after San Diego police say he beat and choked his girlfriend in...

Garnet Avenue DUI checkpoint nets (14) arrests

San Diego Police officers arrested 14 suspected drunken drivers and impounded 15 cars last night during a DUI Checkpoint...

SDPD Weekend DUI Checkpoints Net 34 Arrests (16 in PB), 37 Impounds

The San Diego Police Department Traffic Division conducted DUI checkpoints on Friday September 7, 2012, and on Saturday, September...

SDPD Labor Day Weekend DUI Checkpoints Net 28 DUI Arrests

The San Diego Police Department conducted three DUI checkpoints during the Labor Day Holiday weekend. The checkpoints were made...

Suspected drunk driver runs over friend

A suspected drunk driver is behind bars after hitting a woman while backing out of a parking space in...

16 Arrested at Pacific Beach DUI Checkpoint

San Diego police in Pacific Beach arrested 16 people on suspicion of drunken driving and impounded 17 vehicles during...

Pacific Beach Checkpoint Nets 6 Arrests

Six people were arrested on suspicion of driving under the influence of alcohol or drugs at an overnight checkpoint...

Pacific Beach DUI Checkpoint Nets 16 Arrests, 17 Vehicles Impounded

SAN DIEGO (CNS) – San Diego police arrested 16 drivers on suspicion of drunken driving and impounded 17 vehicles...

Woman Injured In Hit-And-Run In Pacific Beach

Woman Was Crossing Street At Grand Avenue, Cass Street PACIFIC BEACH, Calif. — A woman was rushed to the...

Suspected DUI crash shuts down Ingraham in PB

View more videos at: http://nbcsandiego.com. Source: NBCSanDiego.com View a slideshow from 10News San Diego. UT San Diego Report on...

Jack Daniels Gets in on the Action

One issue with all the alcohol problems we experience is we draw even more marketers of alcohol products. Just...

Police Searching For Hit-And-Run Driver In PB Crash

SAN DIEGO — Police on Tuesday are searching for a hit-and-run driver who hit at least two vehicles in...

(DUI Crash) Driver ordered to pay friend’s medical costs

Driver ordered to pay friend’s medical costs A judge ordered a drunken driver to pay more than $7,500 in...

San Diego police arrest 9 DUI suspects during St. Patty’s Day checkpoints

SAN DIEGO (CNS) – San Diego police officers arrested nine suspected drunken drivers at a downtown checkpoint and extra...

Suspected DUI driver runs over woman lying in Hillcrest alley

A suspected drunken driver allegedly ran over a 27-year-old woman who was lying in a Hillcrest alley early Saturday,...

Woman Found Unconscious In PB May Have Been (Sexually) Assaulted

22-Year-Old Found Drunk, Partially Nude In Alley A 22-year-old woman found drunk, unconscious and partially nude in a Pacific...

Coronado Residents Concerned Over Alcohol Permits – San Diego News Story – KGTV San Diego

Some longtime Coronado residents are concerned that their town could soon mimic the bar scene in Pacific Beach or...

PB Shore Club wins Expansion bid

The Pacific Beach Shore Club was approved by the Alcoholic Beverage Control (ABC) to expand their premises onto a...

Rally, walk targets Proliferation of alcohol permits in PB

Concerned citizens walk past Crystal Pier on Jan. 27 on their way up Garnet Avenue to get their message...

Judgment Finalized In Legal Battle Over Golden Hill MAD

The judgment is final. Now, a group of residents in Golden Hill and South Park — who have spent...

Charger sued in 2009 bottle incident

A man has filed a lawsuit against San Diego Chargers linebacker Shaun Phillips alleging the player broke a Champagne...

Man Seriously Hurt In Pacific Beach Hit-And-Run

Man Had Just Got Out Of Taxi, Hit By Toyota Yaris, Police Say SAN DIEGO — A 28-year-old man...

Shots Reportedly Fired In Pacific Beach

Shots Reported Fired In 1800 Block Of Hornblend Street POSTED: 7:38 am PST January 19, 2012 SAN DIEGO —...

US ‘drunk driver’ swims off to escape arrest

This is an update of the story below. This story also made international news agencies also shown below. SAN...

Drunk in PB at 2AM? Cops in the Rear View Mirror? Ditch the Car, Disappear in the Ocean!

SAN DIEGO — Authorities searched for hours early Tuesday for a man suspected of drunken driving who ran away...

PB Resident Fights Bar’s Plans To Expand

See the video SAN DIEGO — A Pacific Beach resident told 10News on Tuesday he has proof that too...

3 Checkpoints Net 12 Drunken Driving Arrests

SAN DIEGO — Three checkpoints set up in Pacific Beach, Imperial Beach and Chula Vista overnight netted 12 suspected...

(DUI) Driver Crashes Into Fire Hydrant, Parked Car In PB (at 11am)

A suspected drunken driver was taken into custody Friday after crashing into a fire hydrant and a parked car...

Drunk man breaks into 81 Year Old PB woman’s home

An elderly woman in Pacific Beach woke up Friday morning to find a man in a Chargers jersey sleeping...

Pacific Beach Checkpoint Nets 12 Arrests

SAN DIEGO — San Diego police arrested a dozen people on suspicion of drunken driving and impounded nine vehicles...

Letter: San Diego’s Continuing Taxi Cab Scandal

This is a letter to the editor in response to the article by former Superior Court Judge Larry Sterling...

Another DUI Crash in PB

Early this morning an drunk driver crashed and most likely totaled a parked car on Grand Ave. at Mission...

Bike Police Catch 3 Armed Robbers in PB

Here’s a great story about police catching armed robbers utilizing their bicycle patrols. We’re trying to raise funds to...

KPBS Interview Community Leader, Businessman and ABC

This afternoon KPBS Radio featured a story on the PB Planning Group’s report on the alcohol licensing and CUP...

Officer Hurt After Car Crashes Into Police Car

...