Former HSU student Darrius Upshaw's alleged victims were also HSU students

 

Defense filed a motion to reduce bail or have the Court consider alternatives to release alleged rapist Darrius D. Upshaw  from custody. Upshaw's bail was set at $225,000 per schedule. The end result was a no bail hold.  Defense motion for reconsideration was denied.

This what happens when your attorney makes a half ass motion; does not provide the neccessary documents and when the District Attorney provides facts and a better argument. This is what happens when a Judge makes a decision that protects the community. This is what happens when Upshaw's attorney tries to minimize and spin Upshaw's prior and similar behavior in the Navy.

This the second student rape court case I have covered that involves HSU and intoxicated individuals.

Upshaw is charged with 6 counts of oral copulation of an intoxicated victim. The alleged victims are two young male victims. Upshaw was a student at HSU at the time. Both alleged victims were HSU students; one has since left the state due to the alleged rape.

Deputy District Attorney Carolyn Schaffer is the prosecutor for this case. Mr. Russ Clanton is Upshaw's attorney.

The hearing was scheduled for April 19 and was continued to April 22 so that Judge Timothy Canning could hear the motion.

Ms. Schaffer had indicated that she did not plan to file a written response but that the People are opposing the defense motion.

Ms. Schaffer said that information regarding defendant's inability to pay was non existent. The two young male victims were students at HSU. She mentioned similar convictions "down South."

Mr. Clanton claimed all his prior convictions were reversed at the apellate court. 

Ms. Schaffer gave input from the two John Does from HSU. "One John Doe objects. He is currently in the area attending school. He doesn't want the defendant released. The defendant came to John Doe's home," she said.

"The other John Doe objects because he feels the defendant doesn't deserve bail reduced. He left school and left the state due to the trauma," said Ms. Schaffer.

"Mr. Upshaw is no longer attending HSU," said Mr. Clanton. "I spoke to David Hickox and we made an agreement he would no longer attend so he could avoid the two alleged victims."

Upshaw worked at the Sunnybrae clinic.

"Based on arguments of counsel and no evidence of finances, other than the statements of counsel, it makes it difficult to set bail," said Judge Canning.

"The defendant poses a substantial risk under Humphrey," said Judge Canning "You have to assume the truth of the charges." He added that Upshaw was charged with sexual assault of two unconscious victims. 

"The Court reviewed the preliminary hearing transcript," said Judge Canning. "The facts are evident. The presumption is great that the defendant committed the crimes." Judge Canning said that Upshaw posed a threat to the community.

I have included some related links regarding Upshaw's prior convictions. The December 2020 was the latest I could find and at that time, arguments were scheduled.

Previous post:

https://johnchiv.blogspot.com/2021/03/darius-upshaw-dates-reset-since-his.html?m=1#more

Related links to Upshaw:

"III. CONCLUSION The approved findings and sentence are correct in law and fact and no er- ror materially prejudicial to Appellant’s substantial rights occurred. Arts. 59, 66, UCMJ. The findings and sentence are AFFIRMED. "

https://www.courtlistener.com/opinion/4684382/united-states-v-upshaw/

Upshaw's request to set aside his prior convictions had arguments scheduled.

2018 article:

https://www.google.com/amp/s/www.capitalgazette.com/sd-me-court-martials-20180216-story.html%3foutputType=amp

"Navy Hospital Corpsman 3rd Class Darrius D. Upshaw remains in post-trial confinement at Camp Pendleton after appealing a pair of sex crime convictions.

Prosecutors contend that he twice went to an Oceanside bar in 2014 and 2015, sidling up to an inebriated male Marine before identifying himself as a Navy medic who would give him a safe ride home.

Once in his car, he fondled them and, in one case, allegedly raped a Marine who was too drunk to fight back, according to records released to the Union-Tribune.

A military jury found Upshaw of Marine Raider Support Battalion guilty and he was sentenced to 10 years in prison and a dishonorable discharge, but he contested his conviction and the United States Navy-Marine Corps Court of Criminal Appeals in Washington, D.C., partially agreed with him.

In a May 31 decision, the tribunal ruled that Upshaw’s judge erred in allowing prosecutors to use his sexual misconduct in the first case to suggest a propensity to commit a similar crime in the second.

Although they affirmed Upshaw’s convictions for abusive sexual contact, the appellate judges set aside his sexual assault conviction for a retrial slated later this year at Camp Pendleton."