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September 16, 2013

KIDNAPPER WHO POSED AS POLICE OFFICER SENTENCED TO 10 YEARS IN PRISON FOR SOLICITING VICTIM TO HAVE SEX WITH VICTIM’S WIFE

Filed under: California Defense Attorney — fayarfa @ 12:25 am

SANTA ANA - A man was sentenced today to 10 years in state prison for kidnapping a victim by posing as a police officer and soliciting sex with the victim’s wife in exchange for the victim’s freedom. Tariq Ibrahim Musa, 33, Santa Ana, pleaded guilty today to one felony count each of kidnapping, false imprisonment, grand theft person, and being in receipt of stolen property.

The defendant was convicted by a jury in this case on July 9, 2013, of one felony count of kidnapping to commit a sex offense and one felony count of kidnapping for extortion. He was scheduled to be sentenced today for that conviction and faced a possible life sentence. At the hearing this morning, Judge David Hoffer granted a motion for a new trial by the defense, effectively vacating the jury’s conviction, based on an argument of insufficient evidence and jury instruction error.  The defendant subsequently pleaded guilty this afternoon.

On April 3, 2009, Musa approached 22-year-old Gerardo P. in the parking lot of El Matate Market on First Street in Santa Ana, where the victim was selling counterfeit CDs. Musa posed as a police officer, showed Gerardo P. a security badge, and told the victim he was under arrest for illegally selling CDs. The defendant then forced the victim to hand over his personal items including his wallet, which had a photo of Gerardo P.’s wife and small child. Musa instructed Gerardo P. to get into the defendant’s Nissan Altima. Once in the vehicle, Musa used the built in radio in his car and further pretended to be a police officer calling in the arrest.

Musa then told the victim that his wife was beautiful and was willing to let the victim go free if Musa could have an hour alone with Gerardo P.’s wife. The defendant threatened the victim that, if he refused, he would have to serve 10 years in federal prison before being deported from California to Mexico. Musa drove to the victim’s apartment and instructed Gerardo P. to bring him the victim’s wife.

Once inside the apartment and temporarily away from Musa, the victim told his wife and family relatives what was happening. One of the family members called 911 to report the kidnapping and extortion. The Santa Ana Police Department arrived at the location and arrested Musa that day. Gerardo P.’s belongings were found inside Musa’s vehicle at the time of the arrest.

Deputy District Attorney Bradley Schoenleben prosecuted this case.

Orange County District Attorney / Case # 12CF1798 / September 13, 2013

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