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Waiter accused of rape, pleads guilty; gets two years in prison
Mark Lester David, a former restaurant waiter accused of raping a female friend after a drinking session at her home following her birthday celebration, pleaded guilty yesterday and was slapped with a two-year prison term.
David pleaded guilty to sexual assault in the third degree as part of a plea deal. He was represented by attorney Janet H. King.
Superior Court Associate Judge Joseph N. Camacho sentenced the 31-year-old David to the maximum of five years imprisonment, all suspended except for two years without the possibility of parole and early release. David was given credit for seven months of time served.
Upon completing his prison term, David will be placed on probation for three years. He was ordered to pay $25 in court costs and $96.80 in restitution to the victim for lost wages.
Camacho ordered the clerk of court to provide a copy of the sentence order to U.S. Department of Homeland Security-Immigration and Custom Enforcement. David is a citizen of the Philippines.
Police said that David groped the victim on March 20, 2015, as she was sleeping. There was no sexual penetration. The victim was not injured and did not require any medical care/assistance.
According to police reports, David and the victim, along with two other friends, finished their drinking session at 2am last March 20. After an hour, David returned to the apartment unit of the victim, but she walked back to her bed and fell asleep because she was intoxicated.
At 6am, the victim was awakened when she felt someone touching her privates. She told David to stop, while kicking and pushing his face. She then realized she was already semi-naked and told David to leave her apartment. David was arrested later that night. He denied raping her.
