Testifying in his defence, Enzo DeJesus Carrasco said he didn’t know how the complainant came to be swaying and staggering as they re-entered the College Street bar shortly before 11:30 p.m. on Dec. 14, 2016.
DeJesus Carrasco, 34, and Gavin MacMillan, 44, have both pleaded not guilty to charges of gang sexual assault, forcible confinement and drugging with intent to overpower. DeJesus Carrasco has pleaded not guilty to two additional charges of sexual assault.
All the charges are linked to one complainant, who has testified that she can only recall bits and pieces about what happened over the night of Dec. 14 and 15, 2016, but remembers being raped by both men at the College Street Bar, and being raped by DeJesus Carrasco at his apartment on the morning of Dec. 15, 2016.
At issue is both whether she consented to the sexual activity which spanned several hours and is mostly documented by the bar’s security cameras, and whether she had the capacity to consent.
The jury has heard that at the time of the alleged sexual assaults, MacMillan was the owner of the College Street Bar and DeJesus Carrasco was the manager.
MacMillan has already testified that the sexual activity that occurred that night was entirely consensual, that the complainant wanted to be sexually dominated and that at no point did he have concerns about her capacity to consent.
On Tuesday and Wednesday DeJesus Carrasco testified with the assistance of a Spanish interpreter that his first interaction with the complainant involved her making a sexual innuendo. She’d come to the College Street Bar to meet up with a friend who was doing a bartending course at the bar that night. While the class was going on, he gave the complainant a drink menu and asked how he could “benefit her palate.” He said she replied “in many ways.”
He said the complainant continued to make lewd remarks, and that when they were alone in the back room of the bar, he was carrying her on his shoulders. After he said a pickup line, he said she kissed him, that she asked him to perform a sexual act and that she touched his penis.
While he and the complainant were at the bar alone at around 10:20 p.m., he said they engaged in consensual sexual activity. The plan, he said, was to go get food at Pour Boy, a nearby pub, at around 11 p.m. then to Oasis, a downtown sex club. He said they didn’t have any drinks while they ate and that she asked him if he could get some cocaine because she’d run out and she was sleepy.
After they left Pour Boy and headed back toward the College Street Bar, he told her he wouldn’t be going to Oasis with her. He said he was going to go to the Orbit Room, a nearby bar, where his co-accused Gavin MacMillan was. He asked if she wanted to come and she declined. She began making sexual comments he didn’t like and said she was going to leave and call a cab. She asked about the cocaine and he told her it was coming. He told her he’d left College Street Bar open if she wanted to wait in there and he went to the Orbit Room and had a drink and a shot of tequila. When he got a text from the drug dealer that he was close, he went back to the College Street Bar and saw that she was still outside on the sidewalk.
He said she was swaying and using her phone.
He said he told her: “what’s going on, why are you like this?”
He said she replied: “I’m fine really but sometimes the pills screw up my head.”
He said: “are you really alright?”
She said: “Don’t f—k with me, I’m fine but I need cocaine.”
The jury has heard the complainant took specific medications daily for a medical condition, but that she didn’t recall if she’d taken them that night. She denied ever taking any type of “oxy” pill, when being cross-examined by DeJesus Carrasco’s lawyer.
Once inside the bar, while the complainant was slumped over and mostly motionless in a chair, DeJesus Carrasco said he kept talking to her “to assure myself she wasn’t going to fall asleep.”
He texted the drug dealer: “I have a girl pass out, how long.”
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DeJesus Carrasco testified he wasn’t being literal in the text, he just wanted the dealer to hurry.
“She’s dead dead dead, I’m dealing with it,” he then texted MacMillan at 11:35 p.m.
“She wasn’t in the best condition and I was resolving it,” he said of what he meant. He said he didn’t know what was going on with her and how she came to be in this state.
He said “I wanted to help her and I wanted her to go wherever she wanted to go” so he could join MacMillan at Orbit.
He said the complainant would respond when he spoke to her. Once the drug dealer arrived with the cocaine and DeJesus Carrasco had prepared it — about ten minutes after she first sat in the chair — he said he brought the complainant over to the bar.
“She kept saying I want cocaine, where is the cocaine. So once I had it strained, I gave her my arm and said, ‘come it’s here,’” he said.
He said he gave her a straw to inhale the cocaine, and told her to be careful so as not to waste it.
After this the complainant is seen on the video staggering out of the bar, almost crashing into a table. When she leaves, DeJesus Carrasco said he told the drug dealer to go and see if she’d left and if so, to “close the door.”
He said she was outside the bar on her phone and DeJesus Carrasco said he said “seriously, close it” and that he made a gesture to indicate: “I don’t care what she does.”
The video shows the complainant comes back in a few minutes later, still walking unsteadily, and swaying as she sits back at the bar. DeJesus Carrasco said she locked the door behind her and that she was still speaking “normally.”
The trial continues.