INTRODUCTION:
This incident involved Victim Athena Marie Herbert being a victim of an attempt rape at Suspect Gayk Chuldzhyan’s residence.
LOCATION DESCRIPTION:
The crime occurred inside the residents of 28 S. Daisy Avenue Apartment A, on the living room couch. The apartment complex has a common walkway which is located on the south side of the complex. Chuldzhyan’s apartment has a private court yard which is on the south side of the property.
INJURIES:
Victim Herbert sustained approximate two inch scratches on her right elbow due to being pushed to the ground by Suspect Chuldzhyan.
EVIDENCE:
Item Description
E-1
E-2 Sexual Assault Evidence inside white envelope for Victim Herbert.
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Urine sample inside white envelope from Victim Herbert. E-3 Sexual Assault Evidence inside white envelope E-4 Brown bag with Suspect Chuldzhyan’s clothing E-5 E-6 SART report from RN Megan Forcum for Victim Herbert SART report from RN Megan Forcum for Suspect Chuldzhyan E-7 E-8 Statements uploaded into VeriPic Photographs of Victim Herbert uploaded into VeriPic INVESTIGATION: On Friday, November 19, 2015 at approximately 2359 hours, Corporal S. Gomez #2930 and I responded to 44 S. Daisy Avenue for a female heard yelling “He’s raping me.” Corporal Gomez and I arrived at Daisy Avenue and Thompson Alley. We saw a female with a white T-shirt standing behind a bush at 26 S. Daisy Avenue. The female, later identified as Victim Athena Marie Herbert, was attempting to put on leggings. Corporal Gomez made contact with her and could see that she was distraught. Herbert did not have any shoes on and was wearing a white T-shirt that was inside out and was not wearing a bra. Corporal Gomez asked her what she was doing and she stated someone was trying to rape her. Victim Herbert began to point to the east and stated, “Back there. He is back there.” Corporal Gomez asked her what happened and she told her several times, “He tried to rape me! I did the right thing. He was trying to rape me!” Corporal Gomez asked her what his name was but she only provided her with a description of him, stating he was Armenian and wearing black shorts. Shortly thereafter, Lt. Luna #5373 and Sgt. Pham #6903 arrived on scene. I remained with Herbert as Lt. Luna, Sgt. Pham and Corporal Gomez attempted to locate the suspect. They walked down the common walk way to the only apartment with the porch light on (28 S. Daisy Ave.,#A). Sgt. Pham knocked on the front door and a male Armenian wearing a white long sleeve shirt and black basketball shorts opened the door. The suspect, later identified as Suspect Gayk Chuldzhyan, was calm and was smoking a cigarette. Sgt. Pham asked him what happened and Chuldzhyan stated, “She just started screaming.” Chuldzhyan remained at the door way and appeared confused. Lt. Luna asked him to step outside so we could speak with him and he did. Sgt. Pham asked Chuldzhyan for identification and he stated he did not have it on him and that it was inside his apartment. Chuldzhyan gave them permission to enter the apartment and look for his identification. Sgt. Pham and Corporal Gomez conducted a cursory search of the location, did not locate any additional suspect(s) and left the apartment shortly after Sgt. Pham located Chuldzhyan’s wallet. Chuldzhyan told Sgt. Pham that he met Herbert earlier on November 19, 2015. He invited her to his apartment where they smoked marijuana and drank wine for several hours. At one point, Herbert asked if she could use the shower because her feet were dirty. Chuldzhyan allowed her to use his shower. While she was in the shower, he looked through her purse and saw that she had several medications for psychiatric problems. After she was done taking a shower, she began to yell and scream and left the location yelling. Chuldzhyan did not give any further information. I spoke with Victim Athena Marie Herbert who told me the following information in summary: She stated she met Chuldzhyan at a bus stop on Colorado Blvd. and Eastern Ave. at approximately 1930 hours. She was cold and decided to go to his apartment with him. They drove to a liquor store and bought two bottles of wine. Chuldzhyan then drove Herbert to his residence. Upon arrival to his apartment, Chuldzhyan provided Herbert with marijuana which she smoked. He also poured her several wine glasses of red and white wine. Herbert told me she believes she drank at least one bottle of wine. They spent the next several hours drinking, smoking marijuana and watching comedy videos on “You Tube” via his computer lap top. At one point, Chuldzhyan pulled down his pants and boxers and stood in front of Herbert while she was sitting on the couch. Chuldzhyan used his right hand to grab Herbert by her throat and forced his penis into her mouth. Herbert told me she felt obligated and forced into giving Chuldzhyan oral sex. Herbert screamed for help and then asked Chuldzhyan for more wine. Chuldzhyan sat next to Herbert, removed her bra and placed his left hand under her clothing and began to fondle both of her breast and vagina. Herbert told Chuldzhyan to “Stop and I don’t like to go fast.” Chuldzhyan told Herbert he needed to get up early for work and continued fondling her breast and vagina. Herbert told me Chuldzhyan only rubbed her vagina with his hand and did not insert his finger inside her vagina. Shortly thereafter, Herbert convinced Chuldzhyan to let her take a shower.
Herbert walked into the bathroom, closed the door but did not lock it behind her. While Herbert was in the shower, Chuldzhyan entered the bathroom and slid open the shower curtain. Herbert saw that Chuldzhyan was naked and told him she likes to shower alone and not to come in with her. Chuldzhyan stood next to the shower and fondled her breast. Herbert pulled the shower curtain closed. Herbert heard Chuldzhyan walk out of the bathroom and slammed the door closed. Once Herbert was done showering, she noticed that Chuldzhyan took her clothing. Herbert used a white T-shirt that belonged to Chuldzhyan. Herbert walked out of the bathroom only wearing the white T-shirt and sat back on the living room couch. Chuldzhyan was in the kitchen pouring another glass of wine for Herbert. Herbert drank half of the glass of wine when Chuldzhyan began to fondle her breast and vagina over and under her clothes.
Chuldzhyan stood up, took his pants and boxers off and grabbed Herbert by the back of her head with his right hand and forcefully guided her head to his penis. Herbert told him she did not want to give him “oral” and that “It stinks. Go wash it.” Herbert stated Chuldzhyan became angry and forced his penis in her mouth for approximately 10 to 15 minutes. She attempted to pull away several times but he forcefully kept one of his hands on her head until he ejaculated in her mouth and on her
face. Herbert told Chuldzhyan she wanted to leave and to take her home. Chuldzhyan yelled, “You are not going home bitch, I thought you were cool.” Herbert believed she was going to be raped by Chuldzhyan. She again asked Chuldzhyan to take her home and he stated, “Bitch find your own ride!” Fearing for her safety she ran out of the apartment and Chuldzhyan followed her out. Chuldzhyan was angry that Herbert was making too much noise and used both hands to push her to the ground. Herbert began to yell, “Give me my shoes and purse!” Chuldzhyan stated, “I’m not giving you shit!” as he entered the residence and closed the door. Herbert continued yelling for her shoes and purse. Chuldzhyan opened the front door, walked up to Herbert and used his left hand to slap her across the right side of her face. Herbert fell onto the ground as a result of the hit. Chuldzhyan walked back inside of his residence and threw Herbert’s shoes and purse onto the ground. Herbert gathered her belongings and ran to the west side of the apartment complex where she was located by officers. During the interview, I observed that Herbert had a strong odor of an alcoholic beverage coming from her breathe, her eyes were watery and blood shot, she was staggering and unable to walk without my assistance. Based on the above symptoms, I believe Herbert was under the influence of alcoholic beverages. Herbert advised me she takes psychological medication for depression. She did not take her medication while drinking the wine or smoking the marijuana this evening. Based upon the above information, my observations and the statement provided by Victim Herbert, it is my belief that Suspect Chuldzhyan forced Victim Herbert to perform oral sex on him and attempted to rape her in his apartment. I arrested Chuldzhyan for PC 664/261(a)-Attempted rape. Sgt. Pham was advised of the circumstances and approved the arrest. Officer Meeks and Officer Tavera transported Chuldzhyan to the San Gabriel Valley Medical Center for a SART exam. Once the SART examination was completed, Officer Meeks transported Chuldzhyan to the Pasadena Jail for booking (Refer to Officer Meeks’ ADD report for additional information.). Forensic Specialist Herrera #3599 took digital photos of Chuldzhyan and were later uploaded into VeriPic. Corporal Gomez and I transported Herbert to the Pasadena Police Department for further investigation. I confirmed the incident with Herbert. The interview with Herbert in the field and police station was audio recorded and later uploaded into VeriPic. Forensic Specialist Herrera took digital photos of Herbert which were later uploaded into VeriPic. Corporal Gomez transported Herbert to the San Gabriel Valley Medical Center for a SART exam. DISPOSITION: Case to Youth and Family Services.
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