Former Lyft driver sentenced for sexually assaulting ride-share passenger in her home
Update, 4:10 p.m.: Central Coast Assemblyman Jordan Cunningham, who authored a bill to increase safety of passengers using ride-share services in 2018, released a statement following the sentencing of Jason Fenwick.
“This horrific case shows why the state and ride-sharing companies must continue to prioritize passenger safety,” Cunningham’s statement reads. “While justice may have been served today for the San Luis Obispo County victim, state lawmakers and regulators must act to stop sexual predators from being hired as ride-share drivers.”
Cunningham’s statement mentions that the Fenwick case is the third major sexual assault case involving a ride-share driver in San Luis Obispo and northern Santa Barbara counties.
Alfonso Alarcon-Nunez, a former Uber driver, was charged with raping five women in San Luis Obispo County and is slated to go on trial this year.
Shadi Abdul Aziz, a former Uber driver in Santa Maria, pleaded guilty to rape in October of 2019.
Original story: A former Lyft driver from Lompoc was sentenced Wednesday to 10 years in state prison for sexually assaulting an intoxicated ride-share customer after taking the woman home from a DUI stop last year.
With his family members and the woman he assaulted sitting behind him in the courtroom, Jason Lamont Fenwick said through his attorney that he’s remorseful and “ashamed” of his actions, and apologized to the victim.
A jury of seven women and five men found Fenwick guilty in December of assault with intent to commit sex crimes, oral copulation and sexual penetration with a foreign object.
Fenwick, 52, was also found guilty of a misdemeanor charge of unauthorized invasion of privacy for allegedly taking photographs of the 28-year-old victim as she lay unconscious in bed.
He faced a possible life sentence had the jury found him guilty of the most serious charge, assault with intent to commit a sex crime during the commission of a burglary.
With the lesser convictions, Fenwick faced a maximum sentence of 10 years and six months in state prison going into Wednesday’s hearing.
He claimed during his trial testimony that even though the victim, identified in court as Jane Doe, was “a mess” and “faded,” he believed the sexual activity was consensual and thought that he was getting “lucky.”
Sexual assault caught on home video surveillance
At Wednesday’s hearing, Jane Doe, who was sitting in the audience with the lead detective in the case, did not make a statement.
But she did submit a victim’s impact statement to Superior Court Judge Matthew Guerrero, which Guerrero acknowledged he was taking into consideration when deciding Fenwick’s sentence.
Deputy district attorney Chris White, who prosecuted the case, argued for the highest possible sentence for Fenwick based on the vulnerability of Jane Doe at the time she was assaulted.
“She wasn’t simply vulnerable because she was too drunk to consent,” White said. “She was in her own home, her own bed.”
He said that without the in-home surveillance system Jane Doe’s boyfriend had installed in the bedroom long before she moved in — without her knowledge at the time — that the case may not have been successfully prosecuted.
“If this case had taken place in any other household (without a surveillance system), (Fenwick) might have gotten away with it,” White said.
The prosecutor added that Jane Doe continues to be greatly affected by the crimes.
“The fallout from Mr. Fenwick’s horrific actions cannot be overstated,” White said.
Jeff Chambliss, Fenwick’s attorney, argued before Guerrero that Fenwick should serve a term of six years in prison, supported by the fact that Fenwick had no significant criminal history prior to the case, and that he has a large family support system waiting for him when he’s released.
“He’s remorseful, Your Honor, and sorry for the pain and anguish he’s caused everyone, especially Jane Doe,” Chambliss said. “He’s ashamed.”
Asked if Fenwick wished to make a statement, Chambliss huddled with his client for a moment and responded, “He just wants to reiterate that he’s apologetic. He’s deeply remorseful for what has happened here.”
Guerrero ultimately held Fenwick to the maximum sentence for each charge, noting the vulnerability of Jane Doe, but suspended a six-month sentence for the unauthorized invasion of privacy charge.
Fenwick has a total of 507 days of time-served and good behavior credits. He must serve at least 85% of the remainder of his sentence due to the crime being considered violent under state law.
Once released, he must register as a sex offender for life.
Fenwick has 60 days to file an appeal.
Lyft driver drove victim to Nipomo house, walked her inside
Fenwick was arrested in November 2018 after being interviewed by San Luis Obispo County Sheriff’s Office detectives about a report made by Jane Doe one day after the assault.
According to testimony given at trial, the woman was out for a night of drinks and dancing in the South County with her boyfriend when her boyfriend was arrested for DUI on their way home.
Because she was too intoxicated to drive herself, Arroyo Grande police officers ordered her a Lyft ride as the most practical alternative to taking her to County Jail for being drunk in public, the officers testified.
Fenwick answered the call and drove Jane Doe to the Nipomo home she shared with her boyfriend, walking her inside as she struggled to find a way in, he testified.
The woman testified that she doesn’t remember talking with Fenwick before falling asleep in her bed, and woke up the next morning with discomfort and a feeling that “something sexual had occurred.”
Home surveillance footage – which she did not know existed at the time – was played for the jury at an angle not visible to the audience in the courtroom.
The jury foreman said after the trial that watching the video was like “viewing a nightmare.”
The case hinged on whether jurors thought Fenwick believed Jane Doe was capable of giving consent, and if so, whether that was a reasonable belief.
The jury reached its verdicts after about one full day of deliberations following the two-week trial.
Fenwick’s case led to the filing of a civil lawsuit against Lyft for alleged negligent hiring and safety practices filed by Jane Doe’s San Luis Obispo attorney, James McKiernan. That case is ongoing and has a case management conference in April.
Following Wednesday’s sentencing, Fenwick was taken back to San Luis Obispo County Jail, where he’s been since his Nov. 4, 2018, arrest. There, he’ll await transfer to the custody of California Department of Rehabilitation and Corrections officials for placement in a state prison.
This story was originally published January 22, 2020 at 1:03 PM.
