"I had never heard of another brother ripping clothes off another brother to put them in the washing machine whether drunk or not"

 

This is testimony from the 402 hearing in alleged rapist Darrius Upshaw's court trial this morning.

Upshaw, the two alleged victims, witnesses Julio Armenta Munoz and Raul Barbosa are all former HSU students and members of the Chi Phi Fraternity. Upshaw was part of Epsilon and had authority to discipline John Doe # 1 and John Doe #2. Munoz and Barbosa used to be friends with Upshaw prior to learning about the allegations.

Upshaw is charged with 6 counts of oral copulation of an intoxicated victim. The alleged incidents took place at a house in G street on Arcata where Upshaw and other fraternity members lived. That night there was an unofficial wine and cheese party.

Armenta Munoz said it started "around 4 or 5 p.m." He showed up "a little after it started and stayed maybe two hours, then left."

John Doe #1 was still at the party and "remained there as far as I know, " said Armento Munoz. Upshaw lived at the house. "Everyone pitched in to get alcohol." John Doe #1 and John Doe #2 were drinking alcohol. 

The day after John Doe #1 reached out to Armenta Munoz. He asked to speak with him in private and they drove around in John Doe #1's car.

John Doe # 1 told Armenta Munoz "essentially he was sexually assaulted by Darrius." John Doe # 1 was "clearly upset; very shaken. John Doe #1 had blacked out. He passed out He told me what happened. He told me he pretended to be asleep. When he got the chance, he left. I told him I would support whatever choice he would make."

John Doe #1 said he pretended to be asleep because he was afraid of retaliation by Upshaw.

John Doe #1's options were to stay quiet or take legal action. John Doe #2 did not make disclosures to Armenta Munoz. 

Armenta Munoz discussed what John Doe #1 told him with Barbosa. Armento Munoz spoke with Arcata Police Sgt. Chris Ortega. Armenta Munoz saw a video someone sent him of John Doe #1 "blacked out." 

Barbosa corroborated that everyone knew each other from the fraternity and Armento Munoz telling him about John Doe #1's allegation. Barbosa had both John Doe #1 and John Doe #2 disclose to him individually.  John Doe #1 and John Doe #2 were initially not aware that Barbosa had spoken with both of them. 

Barbosa was at his house in a hot tub with John Doe #2. Barbosa had heard from Armenta Munoz about a sexual assault of "a brother by another brother."

Barbosa asked John Doe if he had been sexually assaulted.  John Doe #2 told Barbosa "he became very drunk and Darrius invited him to his room."

Barbosa said he remembers "Darrius" telling him that he had "taken all of John Doe # 2's clothes and put them in the washing machine and that John Doe #2 was in his bed; naked."

"I had never heard of another brother ripping clothes off another brother to put them in the washing machine whether drunk or not," said Barbosa.

Barbosa said John Doe #2' "eyes were watery and his voice was shaky. He told me he had been sexually assaulted by Darrius three times in the past."

Barbosa said John Doe #2 was "very disturbed. He didn't really want to talk about it. He was very reserved about the topic." 

Barbosa also spoke with John Doe #1 and asked him about what happened. Barbosa asked John Doe #1's permission to "speak to our Risk Report Manager for our fraternity and asked if he wanted to take legal action."

After talking with John Doe #1, Barbosa contacted John Doe #2  and told him that he had spoken with John Doe #1. Barbosa made a report about John Doe #1 and John Doe #2 being sexually assaulted to the national fraternity.

John Doe #1 had disclosed to Armenta Munoz before speaking with Barbosa. "He was very shaken. He sounded very nervous."  John Doe #1 "was very disturbed the topic was being brought up." John Doe #1 told Barbosa Upshaw had sexually assaulted him.

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

Mr. Clanton revealed his client was gay during questioning. Barbosa agreed it was common knowledge in the fraternity and said there was no homophobia.

The three times John Doe # 2 said he was sexually assaulted by Upshaw occurred over a three month period. The third time Barbosa said he saw Upshaw "put  one arm around John Doe #2 and lay him on his bed."  He did not see any vomit on John Doe #2's clothes. This is the time John Doe #2 told Barbosa he was naked in bed and"woke up with Darrius' mouth on his penis."

After opening statements, John Doe #1 and John Doe #2 are expected to testify.

Read the previous posts, including Upshaw's conviction in a military case involving similar allegations and his appeal.

Earlier post:

https://johnchiv.blogspot.com/2021/05/hsu-chi-phi-unofficial-event-with.html?m=1

Recent posts:

https://johnchiv.blogspot.com/2021/05/what-is-happening-with-former-hsu.html?m=1

 https://johnchiv.blogspot.com/2021/05/will-hsu-rape-case-resolve-waterfront.html?m=1

 https://johnchiv.blogspot.com/2021/04/no-dark-days-allowed-for-jury-trials.html?m=1

 https://johnchiv.blogspot.com/2021/04/former-hsu-student-darrius-upshaws.html?m=1