7th Suspect Arrested in Calif. Gang Rape

Girl Assaulted Outside Homecoming Dance while as Many as 20 People Watched without Calling Cops

(CBS/ AP)  A seventh suspect was arrested Tuesday in the gang rape of a 15-year-old girl outside a high school homecoming dance while as many as 20 people watched without calling police.

Police arrested an unidentified 21-year-old man from Richmond on suspicion of rape, rape in concert with force and other charges that could lead to life in prison if he is convicted, police Lt. Mark Gagan said.

The man was being held on $1.2. million bail.

"We are actively pursuing more suspects," Gagan said. "There is still a lot more work that has to be done."

A healing rally and candlelight vigil for the victim was planned later Tuesday at Richmond High School, the scene of the rape in the low-income Northern California city.

Prosecutors have filed charges against five other suspects in the Oct. 24 attack, including 18-year-old Jose Carlos Montano of San Pablo late Monday.

Cody Ray Smith, 15, pleaded not guilty to charges, while Ari Abdallah Morales, 16, and Marcelles James Peter, 17, did not enter pleas during their arraignment last week as adults in Contra Costa County Superior Court.

Salvador Rodriguez, 21, of Richmond was released after prosecutors said there was insufficient evidence to charge him.

Gagan said investigators believe as many as 10 people ranging in age from 15 to the mid-20s may have attacked the girl for more than two hours in a dimly lit campus courtyard.

Police said the victim left the dance and was walking to meet her father for a ride home when a classmate invited her to join a group that was drinking.

The girl had consumed a large amount of alcohol by the time the assault began, police said. Her father tried to call her cell phone, but no one answered.

Police said they received a tip about a possible assault from a former student, who heard two males bragging about it.

For those who watched and did nothing, it may be morally reprehensible, but it's not illegal, reported CBS News correspondent Sandra Hughes.

"Although this is a very difficult crime to hear about, the fact is California law does not impose an affirmative obligation on anyone to do anything when you are watching a crime," said Trent Copeland, a legal analyst.

MORE ON CRIMESIDER

November 2, 2009 - Gang-Rape Suspect Salvador Rodriguez Released
October 30, 2009 - Richmond High School Gang-Rape: Police Make Sixth Arrest
October 30, 2009 - Will Richmond High Gang Rape Gawkers Go Free?
October 29, 2009 - Richmond High School Gang-Rape: 4 Teens Charged Could Face Life in Prison
October 28, 2009 - Richmond High School Gang Rape: Three More Arrests in Homecoming Attack
October 27, 2009 - Richmond High School Gang-Rape in California: Others Watched and Did Nothing, Say Cops

[dblbar1]

"Although this is a very difficult crime to hear about, the fact is California law does not impose an affirmative obligation on anyone to do anything when you are watching a crime,"

maybe it's time they IMPOSE one.......

[wumpusfooga]

Trent Copeland said anyone watching cannot be prosecuted? Really? REALLY???

Girl was underage, 15 years old. Had someone filmed the attack, they could be prosecuted for producting child porn. Someone watching (or distributing) the film could be prosecuted for distributing child porm. So I guess we can conclude that if you attend a live sex show featuring underage actors in California, you are safe from legal prosecution. Unbelievable.

[squeakof2006]

It does sound like it was mostly Latinos involved. Maybe they are coming over here to rape our women and girls. Any illegal caught doing this should be castrated with a dull knife, sodomized with it, and executed in public.

[legacyABQ2]

Wow. Aren't you a sweety.

[offtheback]

Publicize the names of the scum that stood there watching. Do you know that one of these trash bags may be your next door neighbor? Make you think twice next time they need help with something.

[lin1945-2009]

When they are found guilty give them life. Too bad the death penalty isn't an option! I hope they find a way to charge every person that participated, watched and did nothing, took photos and shared. It is so wrong and unless there is punishment no one will learn the lesson. The school and hired security let the victim down. They all need to band together and help make it right with medical care, mental health counselors, tutors . . . whatever is necessary to help with the healing and restoration of her life. Pray for the victim and her family. Don't waste your prayers on the suspects. They chose this life and their parents and families do not seem to care by teaching them right from wrong. Keep those 'idiot' cousins out of the news with their stupid and inappropriate comments. Let's all hope that the Richmond Police Department is able to find and arrest every last party to this horrible assault.

[askagain]

in1945-2009 - You make some good points. However, I am not sure the school and security let the victim down. Once a student leaves a school dance, does the school and security people still have a responsibility. We could stretch this to say if the school and security doesn't escort students into their homes, they haven't done their jobs. In the city where I grew up, every neighborhood had its own gang. As a child and teenager, I knew enough to avoid these gangs. That meant crossing the street or walking several streets away to avoid them. Unfortunately, this girl made the mistake of partying with strangers. In spite of that, she is a victim and did not invite the rape. And yes, these boys had no right to violate her.

[GTR5]

This is typical Mexican behavior. And this is what happens when you have a sanctuary city. The mayor should be proud of himself now.

[bobbyduck1]

What an asinine, racist comment! Do Cody Ray Smith and Marcelles James Peter sound like Mexicans to you?

Grow a brain and get a life!

[offtheback]

Public removal of of the offending body parts should be the concequences for these apes. Possibly a slot as the halftime show on Monday night football.

[sandog1960]

Use a catapult to launch them into a brick wall. Show it on PPV to offset the costs of the trial and investigation.