By Kelly Wheeler
City News Service
One of two men accused of breaking into a La Jolla home in which a 22-year-old woman they'd met earlier was fondled as she slept was sentenced Friday to a year in jail.
Xavzier Pernell Paschal, 21, pleaded guilty last month to first-degree burglary of an occupied home and receiving stolen property.
The woman testified that she and four friends went to Windansea Beach Aug. 10, where she met Paschal and Brian Patrick Silva, also 21.
She said they saw the men when they returned to a house on Westbourne Street, but did not invite them in, and that she was "mildly intoxicated" from drinking beer when she fell asleep on a living room couch between 2 a.m. and 3 a.m.
She said she awoke around 4 a.m. to find a young man in a hooded jacket fondling her.
Paschal — who was never implicated in the fondling — was seen running through the house and dropping a computer and an iPod in an alley as residents chased him, according to court testimony.
San Diego police said they found stolen property in the defendants' car when it was stopped several blocks away, and Paschal admitted drinking and taking items that didn't belong to him.
A detective testified that Silva claimed he was told by Paschal that they had permission to be in the house, and that he did not sexually assault the woman on the couch — though he did admit to rubbing her buttocks.
Silva is charged with burglary, receiving stolen property, rape by a foreign object on an unconscious person and misdemeanor sexual battery.
Paschal's attorney, Dan Tandon, said his client's crime was more "opportunistic" than anything else.
The attorney said Paschal and Silva were drinking with the victims earlier in the evening.
"This stupid opportunity came to (Paschal)," Tandon said.
Tandon was unable to convince Judge Charles Gill to impose less than 365 days in jail so Paschal could get back in school immediately.
"He was not involved in the sexual assault," Tandon said. "He's got a lot of things going for him. He regretted everything that happened that day."
Deputy District Attorney Robert Stein said the defendants should have known there were people in the home sleeping.
"It was a hot prowl," Stein told the judge. "It was a planned hot prowl."
Gill said he was troubled by the facts of the case and didn't doubt that Paschal would regret the decision to go into the house for the rest of his life.
Silva, who is out of custody, faces trial on Feb. 10. He faces nine years, four months in prison if convicted, Stein said.