The Ypsilanti Courier
A Heritage Newspaper
Weekly Publication
Two to stand trial in rapes
By Austen Smith, Editor
PUBLISHED: June 14, 2007
Two defendants accused of raping a 21-year-old Eastern Michigan University student at an area Laundromat will stand trial on six counts of criminal sexual conduct and armed robbery charges.
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David Allen Patillo, who was 17 at the time of the incident, was bound over for trial last week for charges in connection with the Jan. 17 incident. Brian Carlos Westbrook II, who was 18, waived his preliminary exam.
The defendants, both from Van Buren Township, are accused of raping and robbing the EMU student, and then holding a 25-year-old Van Buren Township woman at gunpoint, as she was exiting her car in a parking lot, forcing her into her apartment and raping and robbing her.
Both defendants have pleaded not guilty.
Patillo stood in front of Judge Donald Shelton of the Washtenaw County Trial Court. A pretrial for Westbrook was set for Tuesday, and Patillo's pretrial was set for July 17.
During last week's preliminary hearing, Shelton found that there was enough evidence for Patillo to be bound over for trial. Deputy Chief Assistant Prosecuting Attorney Steven Hiller said there was testimony taken from the victim who was allegedly raped at the Laundromat.
"A preliminary is a hearing to determine probable cause, and whether the judge believes that a trial should be set. The standard of proof for these hearings typically is very low," he said.
"In this case there was quite more than enough evidence to justify that (Patillo) be bound over."
At each of the defendants' pretrials, Hiller said the judge will listen to any pretrial motions wishing to be made on behalf of the defense and the prosecution.
"A couple of things are going to happen; they're usually pretty short affairs. The defendant will appear with his lawyer, the judge will listen to any pretrial motions, and Sheldon will set deadlines," Hiller said.
Representing Westbrook is Milan attorney Stewart Isley, Patillo is represented by the public defender's office, Assistant Public Defender Gina Jacobs is assigned to the case.
Surveillance video from the Laundromat, located in the 800 block of North Huron Street in Ypsilanti, was instrumental in capturing Patillo. The tape showed the suspect before he pulled a bandana over his face and Van Buren Township police recognized him from previous contacts.
After the arrest of Patillo, Westbrook turned himself into Van Buren Township Police.
The victims involved in the alleged rapes suffered only minor physical injuries.
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