Orange County District Attorney Press Release
For Immediate Release, Case # 13CF1958: May 30, 2014
*One co-defendant faces trial at a later date. A third co-defendant in the vehicle was sentenced
SANTA ANA – A man was sentenced today to six years in state prison for pimping and pandering a woman after being stopped by undercover Santa Ana Police Department (SAPD) officers. Raphael Jared Scally, 28, Hesperia, was found guilty by a jury March 13, 2014, of one felony count each of pimping and pandering. Scally was also charged with a crime-bail-crime sentencing enhancement for a 2010 residential burglary case, for which the defendant was out of custody on bail at the time of this crime. That sentencing enhancement was found true today by the Court. He was sentenced to four years in state prison plus an additional two years stayed pending resolution of the 2010 residential burglary case.
Co-defendant Darryl Da Keis Gillard, 27, Hemet, is charged with two felony counts each of pimping and pandering with a sentencing enhancement for crime-bail-crime, indicating that the defendant was out of custody on bail for another felony (2010 residential burglary case) at the time of the crime. If convicted, he faces a maximum sentence of nine years and four months in state prison and is scheduled for jury trial June 17, 2014, at 8:45 a.m. in Department C-5, Central Justice Center.
Co-defendant Christopher Robert Butler, 29, Moreno Valley, pleaded guilty Oct. 29, 2013, to one felony count of possession of a controlled substance and was sentenced to one year and four months in state prison.
Circumstances of the Case
Scally is a pimp who exploited a young woman 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 set a $300 quota for 18-year-old Jane Doe 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 was riding in the front passenger seat, and Scally rode in the back seat with Jane Doe, who worked as a prostitute for Scally.
The defendants are accused of dropping off the victim on the street in a high prostitution area. Undercover police officers from SAPD observed this behavior and performed a traffic stop on the defendants’ vehicles and contacted the victim afterwards.
Butler was in possession of .4 grams of cocaine when contacted by the officers. Scally possessed evidence of pimping related to the victim. The defendants were arrested at the scene. Butler was in possession of an additional .7 grams of cocaine concealed on his person when he was booked in the jail.
This case was investigated by SAPD and Deputy District Attorney Bradley Schoenleben of the HEAT Unit is prosecuting this case.
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.
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.
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.
Penal Code Section 236.1 defines:
(1) “Coercion” includes any scheme, plan, or pattern intended to cause a person to believe that failure to perform an act would result in serious harm to or physical restraint against any person; the abuse or threatened abuse of the legal process; debt bondage; or providing and facilitating the possession of any controlled substance to a person with the intent to impair the person’s judgment.
(2) “Commercial sex act” means sexual conduct on account of which anything of value is given or received by any person.
(3) “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 that the person making the threat would carry it out.
(4) “Duress” includes a direct or implied threat of force, violence, danger, hardship, or retribution sufficient to cause a reasonable person to acquiesce in or perform an act which he or she would otherwise not have submitted to or performed; a direct or implied threat to destroy, conceal, remove, confiscate, or possess any actual or purported passport or immigration document of the victim; or knowingly destroying, concealing, removing, confiscating, or possessing any actual or purported passport or immigration document of the victim.
(5) “Forced labor or services” means labor or services that are performed or provided by a person and are obtained or maintained through force, fraud, duress, or coercion, or equivalent conduct that would reasonably overbear the will of the person.
(6) “Great bodily injury” means a significant or substantial physical injury.
(7) “Minor” means a person less than 18 years of age.
(8) “Serious harm” includes any harm, whether physical or nonphysical, including psychological, financial, or reputational harm, that is sufficiently serious, under all the surrounding circumstances, to compel a reasonable person of the same background and in the same circumstances to perform or to continue performing labor, services, or commercial sexual acts in order to avoid incurring that harm.
(i) The total circumstances, including the age of the victim, the relationship between the victim and the trafficker or agents of the trafficker, and any handicap or disability of the victim, shall be factors to consider in determining the presence of “deprivation or violation of the personal liberty of another,” “duress,” and “coercion” as described in this section.
Tony Rackauckas, District Attorney
401 Civic Center Drive West
Santa Ana, CA 92701
Susan Kang Schroeder
Chief of Staff