La Jolla home burglary suspect pleads guilty

By City News Service

One of two men accused of breaking into a La Jolla home in which a 22-year-old woman was allegedly fondled as she slept pleaded guilty Tuesday to two felony charges.

Xavzier Pernell Paschal, 21, admitted to first-degree burglary of an occupied home and receiving stolen property. As part of a plea agreement, he will receive up to a year in county jail when sentenced by Judge Charles Gill on Dec. 10, Deputy District Attorney Robert Stein said.

Paschal was seen running through a house on Westbourne Street around 4 a.m. on Aug. 10, and dropping a computer and an iPod in an alley as residents chased him, witnesses testified earlier.

Paschal was never implicated in the fondling, Stein said.

Brian Patrick Silva, also 21, is charged with burglary, receiving stolen property, rape by a foreign object on an unconscious person and misdemeanor sexual battery in the case.

The victim testified that she and four friends went to Windansea Beach the previous night and met the defendants there. They saw the men when they returned to the house, but did not invite them in, she said.

The woman said 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 woke up to find a young man in a hooded jacket fondling her, she said.

San Diego police said they found stolen property in the defendants’ car when it was stopped several blocks from the 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, who is out of custody, faces trial on Feb. 10. He faces nine years, four months in state prison if convicted, Stein said.