Darius Upshaw charged with oral copulation of an intoxicated minor and unconscious victim

Confirmation of counsel and further arraignment for Darius Upshaw was scheduled this afternoon. At time of the arrest, there were complaints from two victims.

Upshaw has been charged with 6 counts. I don't have direct access to the complaint so I don't know the exact number of victims. Bail is $225,000.

Preliminary hearing is scheduled for July 16. Time has been waived. Mr. Russ Clanton is Upshaw's attorney. Deputy District Attorney David Moutrie appeared in court today for the People.

Ct 1: Felony - Oral Copulation of Intoxicated Victim PC287(i) on 05/19/2020

Ct 2: Felony - Oral Copulation of Unconscious Victim PC287(f) on 05/19/2020

Ct 3: Felony - Oral Copulation of Intoxicated Victim PC287(i) on 03/07/2020

Ct 4: Felony - Oral Copulation of Unconscious Victim PC287(f) on 03/07/2020

Ct 5: Felony - Oral Copulation of Intoxicated Victim PC287(i) on 04/19/2020

Ct 6: Felony - Oral Copulation of Unconscious Victim PC287(f) on 04/19/2020


PC 287 (i), oral copulation of a minor, "where the victim is prevented from resisting by any intoxicating or anesthetic substance, or any controlled substance, and this condition was known, or reasonably should have been known by the accused, shall be punished by imprisonment in the state prison for a period of three, six, or eight years."

PC 287 (f),  oral copulation of a minor, where "the victim is at the time unconscious of the nature of the act and this is known to the person committing the act, shall be punished by imprisonment in the state prison for a period of three, six, or eight years. As used in this subdivision, “unconscious of the nature of the act” means incapable of resisting because the victim meets one of the following conditions:

(1) Was unconscious or asleep.

(2) Was not aware, knowing, perceiving, or cognizant that the act occurred.

(3) Was not aware, knowing, perceiving, or cognizant of the essential characteristics of the act due to the perpetrator’s fraud in fact.

(4) Was not aware, knowing, perceiving, or cognizant of the essential characteristics of the act due to the perpetrator’s fraudulent representation that the oral copulation served a professional purpose when it served no professional purpose."

Upshaw was arrested on June 11 by Arcata Police Department and booked for PC 287 (i), oral copulation of a minor.

APD Lt. Todd Dokweiler told me that APD received two complaints of sexual assault from two survivors. "Upon investigation, it was determined probable cause existed to arrest Mr. Upshaw."
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