Jury deadlocked on Paso Robles man’s rape charges, third time

November 26, 2019

By CCT STAFF

For the third time, a San Luis Obispo County jury deadlocked in a case of a man accused of raping his then-girlfriend’s aunt while she was blacked out. The prosecutor has now agreed to dismiss the case.

Rian Mabus’s charge stems from an incident during Labor Day weekend in 2014, in which he had sex with his girlfriend’s aunt while she was staying at the Atascadero apartment in which Mabus and his girlfriend were living.
The alleged victim testified during the trial that she awoke in a pool of vomit in her niece’s bed where Mabus was penetrating her vagina from behind.

The prosecution also said Mabus was whispering the woman’s name in her ear and pushing her face into the pool of vomit while he was raping her. The alleged victim said she consumed about five drinks earlier that night, and Mabus, who was making cocktails, may have drugged her.

Mabus initially denied having sex with the woman, but a rape test revealed the presence of his DNA. The defendant testified during the trial that the sex was consensual. The defense argued the alleged victim made up the rape allegation because she was embarrassed she had sex with her niece’s boyfriend and was concerned her daughter may have seen the act.

In July 2016, a jury acquitted Mabus of one of two rape charges he faced, and the jury deadlocked 6-6 on a charge of rape of an intoxicated person. Shortly afterwards, the district attorney’s office elected to try the case again.

In the June 2017 retrial, the jury was again deadlocked, this time 9-3, leading to another mistrial. The first retrial of the rape featured arguments between jurors and jurors mouthing off at the judge.

In the third two week trial, a jury polled 10-8 in favor of a conviction. Superior Court Judge Jacquelyn Duff, declared a mistrial and the prosecutor made a motion that the case be dismissed.

Had the 34-year-old Mabus been convicted of the rape of an intoxicated person charge, he would have faced a maximum prison sentence of eight years.


Loading...

7
Leave a Reply

Please Login to comment
rockhound1965

Every rapist ever convicted has claimed the act was “consensual”.


Believe it or not, most rape victims do NOT want to keep silent, but do because of victim blaming. That mere fact that the victim has suffered through several trials is telling.


I believe her 100%.


oldcayucan

Jerry, Jerry…. Call the Jerry Springer show. This is a beauty…


ShootTheMessenger

Who was his attorney?


shelworth

Can you imagine the upcoming Thanksgiving at this family’s house? You could sell it on “Pay-per-View”!


LameCommenter

Isn’t there a criminal jury instruction that allows a jury to dismiss a defendant’s credibility for every statement if they are proven in a major falsehood? Per the article, this likely rapist denied penetrating the woman then his DNA is found? Enough said, give him “the chair”……..


Except SLO juries often seem tainted with brainless SFO liberal move-downs, so justice will often fail here thanks to a couple of mindless hold-outs. Disappointing……..


AmericaTheFree

Justice is sometimes a bitter pill to swallow, especially to those who don’t seem to know how the legal system works. Stooping to insults about those that aren’t even involved, “SFO liberal move-downs”, shows true mindlessness with a bit of the typical conservative mindset, guilty even when no guilt can be found.

Get over it, three times your incompetent DA brought charges and couldn’t prove them beyond a reasonable doubt (the legal standard you must not be aware of), if you want to change anything it should be who you vote for come Dan Dow’s reelection time.


Mjd

Folks,


At this point, let’s turn the page on retrying this accused criminal, obviously a jury is NOT comfortable convicting him, and the prosecution ought to stop with the malicious prosecution.


Innocent until proven guilty.