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June 18, 2013

TWO MEN CHARGED WITH PIMPING AND PANDERING 18 AND 19 YEAR OLD WOMEN FOLLOWING TRAFFIC STOP BY UNDERCOVER OFFICERS

Filed under: California Defense Attorney — fayarfa @ 12:34 am

SANTA ANA – Charges have been filed against two men for pimping and pandering of two female victims, ages 18 and 19 years old, after being stopped by undercover Santa Ana Police Department (SAPD) officers.

Raphael Jared Scally, 27, Hesperia, and Darryl Da Keis Gillard, 27, Hemet, are both charged with two felony counts of pimping and two felony counts of pandering with the sentencing enhancement for crime-bail-crime, indicating that the defendants were out of custody on bail for another felony (2010 residential burglary case) at the time of the crime. If convicted, both defendants face a maximum sentence of nine years and four months in state prison. Gillard is out of custody on bail and his arraignment is to be determined. The People will be requesting $250,000 bail at Scally’s arraignment today, Monday, June 17, 2013, in Department CJ-1, Central Jail, Santa Ana. The time is to be determined.

Christopher Robert Butler, 28, Moreno Valley, is charged with one felony count each of possession of a controlled substance and smuggling a controlled substance into a correctional facility. He faces a maximum sentence of four years and eight months in state prison if convicted. Butler’s bail is to be determined and he is expected to be arraigned today, Monday, June 17, 2013, in Department CJ-1, Central Jail, Santa Ana.  The time is to be determined.

Circumstances of the Case

Scally is accused of being a pimp who exploited two young women for financial gain. Gillard is accused of being an aider and abettor to Scally.  Pimps often establish rigid rules that their victims are expected to follow including setting daily quotas that the victims are expected to fulfill. Scally is accused of setting a $300 quota for at least one of his victims on the night of the crime.

At approximately 4:00 a.m. on June 14, 2013, the defendants are accused of driving together in Santa Ana around Harbor Boulevard in an area known to law enforcement to be high in prostitution and pimping activity.

Gillard is accused of driving, Butler is accused of riding in the front passenger seat, and Scally is accused of riding in the back seat with two victims, ages 18 and 19 years old, who worked as prostitutes for Scally.

The defendants are accused of dropping off the victims on the street, where one of the victims proceeded to get into the vehicle of a sex purchaser. Undercover police officers from SAPD observed this behavior and performed a traffic stop on both the defendants’ and sex purchaser’s vehicles.

Butler is accused of being in possession of .4 grams of cocaine when contacted by the officers. Scally is accused of possessing evidence of pimping related to at least one of the victims. The defendants were arrested at the scene. Butler is accused of being in possession of an additional .7 grams of cocaine concealed on his person when he was booked in the jail.

Proposition 35 and HEAT

In November 2012, California’s anti-human trafficking Proposition 35 (Prop 35) was enacted in California with 81 percent of the vote, and over 82 percent of the vote in Orange County, to increase the penalty for human trafficking, particularly in cases involving the trafficking of a minor by force.

Under the law, human trafficking is described as depriving or violating the personal liberty of another person with the intent to effect a violation of pimping or pandering. Pimping is described as knowingly deriving financial support in whole or in part from the proceeds of prostitution.  Pandering is the act of persuading or procuring an individual to become a prostitute, or procuring and/or arranging for a person work in a house of prostitution. Deprivation or violation of the personal liberty of another includes substantial and sustained restriction of another’s liberty accomplished through force, fear, fraud, deceit, coercion, violence, duress, menace, or threat of unlawful injury to the victim or to another person, under circumstances where the person receiving or apprehending the threat reasonably believes that it is likely to be carried out.

The Orange County District Attorney’s Human Exploitation And Trafficking (HEAT) Unit targets perpetrators who sexually exploit and traffic women and underage girls for financial gain, including pimps, panderers, and human traffickers. The HEAT Unit uses a tactical plan called PERP: Prosecution, to bring justice for victims of human trafficking and hold perpetrators responsible using Prop 35; Education, to provide law enforcement training to properly handle human trafficking and pandering cases; Resources from public-private partnerships to raise public awareness about human trafficking and provide assistance to the victims; and Publicity, to inform the public and send a message to human traffickers that this crime cannot be perpetrated without suffering severe consequences.

This case was investigated by SAPD and Deputy District Attorney Daniel Varon of the HEAT Unit is prosecuting this case.

Orange County District Attorney / Case # 13CF1958 / June 17, 2013

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