Security video played to a jury Wednesday showed a 24-year-old woman slumped motionless on a chair in a Little Italy bar for several minutes, her head lolling backwards. Meanwhile, one of two men accused of sexually assaulting her while she was too intoxicated to consent sat on a stool at the bar, appearing to use his cellphone.
“She’s dead dead dead, I’m dealing with it,” said a text message the Crown alleges Enzo DeJesus Carrasco sent to his co-accused Gavin MacMillan at about 11:30 p.m. on Dec. 14, 2016 at College Street Bar.
DeJesus Carrasco, 34, and MacMillan, 44, have both pleaded not guilty to charges of gang sexual assault and drugging with intent to overpower. The Crown alleges the two men violently and repeatedly sexually assaulted the intoxicated complainant in the otherwise empty bar over a period of eight hours, much of it captured on security cameras inside the bar.
At issue is whether the complainant consented to the sexual activity and whether she had the capacity to consent. Her identity is protected under a publication ban available for sexual assault complainants.
MacMillan was the bar’s owner and DeJesus Carrasco the bar’s manager.
On Wednesday Det.-Const. Julia Lee, the officer who investigated and compiled the security videos, identified moments where DeJesus Carrasco appears to be using his phone which align with the time-stamp of text messages sent from phones associated with DeJesus Carrasco and MacMillan between 10:50 p.m. and 11:44 p.m.
During this period the security videos show the complainant visibly intoxicated, staggering, swaying and almost falling into tables and chairs when she attempts to walk. She appears unable to stand up on her own. The video shows DeJesus Carrasco pulling the complainant from the chair to sit at the bar. He slaps her face rapidly several times and then holds her head over what the Crown alleges is cocaine. As the complainant sits at the bar on a stool she repeatedly sways and slumps forwards, then jerks herself back into a sitting position. Later, when speaking with MacMillan and attempting to stand, she crumples to the floor.
“Squirt already shes too f— to go to oasis I will not atempt (sic) that will look bad on me, are you at the orbit,” DeJesus Carrasco texted Macmillan around 10:50 p.m.
Oasis, the jury heard, is a sex club in Toronto where adults can have consensual sex. The Orbit is a nearby bar.
MacMillan urges DeJesus Carrasco to join him elsewhere.
DeJesus Carrasco said he will but adds “this b—- is out of control.”
MacMillan replies: “Fire her. Come join us. There are plenty of fish here.”
Later, DeJesus Carrasco texted another man: “yooo I have a girl pass out, how longg.”
The man arrives shortly afterward.
At 11:43 p.m. MacMillan texted DeJesus Carrasco: “Ok. Bye Bye her. We are still alive. Put her in a taxi and show up.”
He texted DeJesus Carrasco again minutes later: “Where are you.”
DeJesus Carrasco responded: “I’m at the bar receiving, getting it thru the fine straw.”
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The Crown has alleged in an opening address to the jury that this text was sent around the time DeJesus Carrasco held the complainant’s head over what appears to be cocaine. It is alleged that the two men gave the complainant cocaine multiple times.
The Crown alleges that the both men begin sexually assaulting the complainant within the next 20 minutes.
The trial is ongoing.