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DISTRICT ATTORNEY'S COVER SHEET

Sacramento Police Department


SUBMITTING AGENCY

261(a)(2) PC ; 288a(c)(2) PC
OFFENSE TYPE

SPD 10-352728 / 12-262422


REPORT NUMBER

(x ) ATTN: R. Gold (D.A. if known) DATE/TIME OF OFFENSE VICTIM' (S) #1 Doe, Jane SUSPECT' (S) #1 Baker, Gary Dale

WARRANT REQUEST

( )

IN CUSTODY

11/24/2010 1700 Hrs

DATE/TIME ARREST

9/19/12 1245

AGE 49_

CHARGE

CII NUMBER ( ) (

ENC ORD NONE

261(a)(2) PC 288a(c)(2)

) ( )

Xref 1743192
CASE SUMMARY: (Briefly establish the factual basis of the offense and defendant's guilt, including dates, times and
identify of principal witnesses).

See attached.

COMMENTS: (Use for description and identification of all suspects for warrant requests and for additional victim's and
or/defendants).

Gary Dale Baker, DOB 05/14/1963, 511, 220, blk / bro 568-45-3095 XREF 1743192;

Submitting Officer:

J. Thorgrimson Sgt. Lassen

Detail Date:

Phone: 916 - 874-5420 December 20, 2012

Reviewing Supervisor:

10-352728:
On November 25, 2010, the Sacramento Police Department received a 911 call regarding a sexual assault. The complainant, Mary Ramos, advised that her mother-in-law, victim Doe, was reporting that she was a victim of a sexual assault. SPD responded and contacted the 75 year old victim. The investigation revealed that the crime occurred at 2337 S. Manor Drive, in the City of Sacramento, in the County of Sacramento. The investigation revealed the following: By way of background, victim Doe had previously had a stroke more than a year prior to this incident. The stroke did not appear to affect Doe physically, in that she still lives independently. The stroke did affect her speech and she has been diagnosed with Aphasia. On the afternoon of 11/24/2010, victim Doe was in the driveway of her complex at 2337 South Manor Drive when she was contacted by a male black subject. Per the report, the subject was driving a vehicle that was described as either a marked police car or sheriffs vehicle or a security vehicle. Victim Doe had a short conversation with the subject. She then returned to her duplex. Later on that afternoon Doe responded to a knock at the door. Doe opened the door and recognized the subject as the subject she previously had met in the driveway of her complex. Doe indicated that she said Hi to the subject. The subject pushed his way into the apartment, pushing Doe backward away from the door. The subject immediately began kissing Doe. The subject pushed Doe onto the couch, continuing to kiss her and then reaching under her shirt to grope her breasts. Doe indicated that she told the subject no. Doe related that the subject lifted up her shirt and began kissing her breasts. The subject then pulled Does pants down. Doe indicated that she told the subject to stop. The subject unzipped his pants and lowered his pants to his knees. The subject got on top of Doe and inserted his penis into Does vagina. Victim Doe indicated that the suspect continued to insert his penis into her many times, and that it was difficult because of the suspects size. Victim Doe stated that she continually told the subject that she was too small. Victim Doe then said that she was forced to orally copulate him to ejaculation. The suspect fled the scene when victim Doe was able to reach a portable medical alert alarm and activate the alarm. During the investigation, SPD Officer Armstrong #0527 collected a pair of black nylons that Victim Doe had been wearing during the assault. The nylons were later booked into evidence and subsequently submitted to the Sacramento County lab for processing for DNA analysis. The analysis provided a DNA profile, which was later uploaded into CODIS. Victim Doe described the suspect as a male black adult, between 35 and 40 years of age, approximately 56 59, medium build, short black hair, clean shaven, wearing a black shirt and black pants. Victim Doe was taken to Sutter Memorial Hospital, where Forensic Nurse Practitioner S. Patrick completed an evidentiary exam. During the exam, nurse Patrick documented bruising on the victims genitalia, petechia and missing tissue on the vagina, and petechia on the rectal tissue.

12-262422:
On 09/20/2012, SPD responded to 2337 South Manor Drive on a call of a sexual assault. SPD Officer made contact with victim Doe, and a report was made. A day later, victim Doe was transported to Sutter Memorial for an evidentiary exam. The summary from the medical report found findings consistent with penetrating genital trauma. Bruising on the victims chest was also later documented. A review of the evidentiary report indicated that victim Doe reported that there was oral copulation of the assailant by the patient. Detective A. Newby later made contact with the victim, in which she described and acted out what Detective Newby deciphered to be the act of forcible sexual intercourse. Victim Doe stated to Detective Newby that she repeatedly stated No, No to the suspect, and repeated the words Too big, too big during her demonstration

of the acts. During the reporting, victim Doe indicated that the suspect in this case is the same suspect as in SPD report 10-352728.

12-335027
On 12/11/2012, SPD Officer Alioto responded to 2337 South Manor Drive regarding a sexual assault report. During contact with the son and with victim Doe, it was related to Officer Alioto that the same suspect as in the prior reports had returned to the victims residence. Officer Alioto documented that the suspect had entered the victims apartment, repeatedly told her to be quiet and that while seated on the living room couch he pulled out his penis. The victim then kept pointing to her mouth indicating that he tried to get her to put her mouth on his penis. Per the victim, no completed sexual act occurred in this incident.

On 12/18/2012 SPD Detective Newby responded to 2337 South Manor Drive at the request of the Joseph Ramos, the son of victim Doe. Ramos advised that the day prior, 12/17/2012 a camera had been installed at the front of victim Does residence. Ramos stated that on this morning he received a phone call from his mother, advising that the same suspect from the prior assaults had returned to the residence at approximately 0900 Hrs. Det. Newby collected the SD card from the camera and subsequently viewed the image. Detective Newby advised that he recognized the subject in the image as Gary Baker, a Police Officer with the Sacramento Police Department. On 12/19/2012, Officer Gary Baker met with SPD Detective E. Shim, where a consensual interview was conducted. During the interview, Baker admitted to knowing the victim, but he denied ever having any sexual contact with her. Baker provided a DNA sample at that time. The sample was later transported to the Sacramento County Crime lab for comparison against the unknown DNA profile previously obtained from the 2010 case. On 12/19/2012, the Sacramento County Crime Lab notified the Sacramento Police Department that the DNA taken from Baker was a positive match to the DNA profile from the SPD 10-352728 incident that was uploaded in CODIS.