NY man to be sentenced for South Street rape | Philadelphia Inquirer

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Friday, October 30, 2009

NY man to be sentenced for South Street rape

David Rosario, 36, of Queens, will be sentenced this morning after pleading guilty in August for last year's rape of a South Street woman who was seriously injured when she fell from her third-floor window in a desperate attempt to escape. Rosario pleaded guilty as part of a deal that carried a prison term of 12 1/2 to 25 years but gave him a chance to avoid what likely would have been life behind bars.

He attacked two women in an apartment in the 200 block of South Street on Feb. 24, 2008.

Assistant District Attorney Mark Cipolletti said the victim who fell sustained brain damage but was doing "remarkably well for what she went through. . . . She's living at home but getting around on her own. "

But Cipolletti added that the 32-year-old can no longer work as a legal secretary and will also live with an increased risk of stroke.

Cipolletti said the woman and her 30-year-old friend, whom Rosario forced at knifepoint to undress and sit naked on the bed while he raped her friend, were both told of and approved of the plea agreement.

The woman who fell has no memory of the attack, Cipolletti said, and the guilty plea makes it unnecessary for her or her friend to testify.

Had Rosario been tried and convicted on all counts, Cipolletti said, he could have been sentenced to 30 to 60 years.

Defense attorney Jeremy-Evan Alva said afterward that the guilty plea was "the best result for all the parties involved. My client will at least be able to see a good portion of his life outside on the streets of Pennsylvania and New York, where he's from."

Rosario said nothing in court except one-word replies to the judge's questions about forgoing his trial rights.

Two women related to Rosario left court declining comment.

The night before the attack, Cipolletti said, the victim and her friend returned to her South Street apartment with some acquaintances from a nearby bar. Rosario, who was in the group, came along.

When the women awoke the next day, Cipolletti said, Rosario was in the two-story apartment's lower level.

Rosario refused to leave and then attacked the women, forcing them to undress as he brandished a butcher knife with a seven-inch blade.

After the rape, Cipolletti said, Rosario went downstairs, and the women locked the bedroom door.

Rosario ran upstairs and began trying to break down the door, Cipolletti said, and the victim climbed out the window, apparently to lower herself to the street, using a hanging sign for a store on the building's ground floor.

Rosario broke through the door, Cipolletti said, and the victim, startled, lost her grip and fell.

The victim's friend looked out the window, Cipolletti said, and saw Rosario leave, pausing momentarily as he passed her bleeding and prone friend.

Read more breaking news in our From The Source blog.

Posted by Inquirer Online Desk @ 8:17 AM Permalink | 14 comments

Comments

Posted 08:38 AM, 10/30/2009

ZOSO

Cut his nuts off.

Posted 08:40 AM, 10/30/2009

the Painter

What does this mean? "the best result for all the parties involved. My client will at least be able to see a good portion of his life outside on the streets of Pennsylvania and New York, where he's from." How about the woman he raped not having to live with brain trauma, the increase risk of strokes or the fear of being attacked again. But no, thank goodness the rapist will be able to walk the streets again. Now I can sleep better.

Posted 08:53 AM, 10/30/2009

Ticogringomike

Time for him to see, hear and feel how the other half likes it....

Posted 09:05 AM, 10/30/2009

john56

In these types of situations you have to consider also the victims part in the outcome.No woman with good common sense brings home a stranger from a a bar or anywhere else for that matter.If this idiot had happened on his own upon their residence and broken in and raped her he more than likely would have been put away for much longer time, but when the victim sets herself up by doing something stupid as inviting a strange man to her home,oh well.

Posted 09:14 AM, 10/30/2009

iwantthecupinphilly

Hey Painter: it means that it's a pathetic, in-bred defense attorney coming up with a nice little ditty about how his client will again have a life. It's so brutal...I would have so much respect for defense attorneys if they just issued a "no comment." It's bad enough that scum like that share the same rights we law abiding citizens do. And john56: you have no idea of what you're talking about...good plan to blame the victim, that's always helpful. Two women are terrorized by some maniac and you're pointing the finger at them...get a life.

Posted 09:18 AM, 10/30/2009

horriblekitty

He doesn't deserve to see the streets ever again. John56, what a crock. Blame the victims - for hanging out with people they knew. Should we just go Taliban style and force women into burquas and not let them go anywhere, ever?

Posted 09:48 AM, 10/30/2009

rita1

How about 12 to 25 for each victim . John56 your pathetic THE RAPIST WENT WITH OTHER PEOPLE THE OTHER PEOPLE DIDN'T FEEL A NEED TO RAPE. wHY A PLEA BARGAIN? SEEMS TO ME YOU DIDN'T NEED TO HAVE ONE.

Posted 09:59 AM, 10/30/2009

Dadair1

WOW, who brokage this deal, the D.A.? Where's the justice? The humanity? Don't the VICTIM'S RIGHTS mean anything?

Posted 10:17 AM, 10/30/2009

tr88

It's two fer. Not only do we get to support this wise latino for the next 20 years, we also get to pay for his poor innocent victim for the rest of her life. Congratulations. I see this as conservatively about 2 million of taxpayers money. i hope this guy enjoys the rest of his productive life on the outside livng next door to Mr Jeremy-Evan Alva's family.

Posted 10:32 AM, 10/30/2009

nosympathyhere

i know the victim in this case and i was extremely saddened and troubled by what happened. she was a great girl but too trusting of people, naive you could say. she did not deserve what happened to her, no matter how foolish it was having these guys in her house. besides, she had a roomatte and it may have been the roomattes decision not hers, to bring this guy in

Posted 10:58 AM, 10/30/2009

bltes

Hey John56 - I hope you don't exspouse your views in person that you do on-line. If you do, I'm sure that you won't like the response. Fit this on for size, John: NO ONE, I REPEAT, NO ONE, SHOULD EXPECT TO BE ATTACKED EITHER VERBALLY OR PHYSICALLY BECAUSE SOMEONE IS INVITED TO THEIR HOME. It is irrelevant if the victim does not know well the attacker. I don't not know this monster Rosario, but I will bet everything I own that he has done this before and will continue to do it when released from jail. I hope these women attend all parole hearings. Better that Rosario is older than younger when he's let loose in civilized society. Actually, John, with your mentality, you're a little scary. Time to give some thought to the validity of your twisted views.

Posted 11:13 AM, 10/30/2009

crazy_world

John56 - Really? People stil think the way you do? Blame the victim right? That makes a lot of sense.

Posted 11:49 AM, 10/30/2009

gymmomma

Hey John56...SHUT YOUR FACE!!!! No one deserves to have that happened to themr, no matter what the circumstances. And I should know, because in 1984 it happened to me. I was coming home from work at around 10:30 p.m and some sick scum-bag started following me. Before I got to my apartment, he grabbed me and at gunpoint, he pulled me into an alley, robbed me and then raped me. So what are you going to say about that...I SHOULDN'T HAVE BEEN WALKING HOME THAT TIME OF NIGHT????