Crime

Alleged torture victim says police conducted welfare check before attack

Timothy John Hayes, 33, of San Luis Obispo stares at a 27-year-old woman Wednesday as she testifies in San Luis Obispo Superior Court about a weekend when he allegedly held her against her will and tortured her.
Timothy John Hayes, 33, of San Luis Obispo stares at a 27-year-old woman Wednesday as she testifies in San Luis Obispo Superior Court about a weekend when he allegedly held her against her will and tortured her. dmiddlecamp@thetribunenews.com

Hours before a San Luis Obispo man allegedly attacked and tortured his girlfriend, police responded to his home for a welfare check because of a report of his erratic behavior, according to vivid testimony given by the alleged victim Wednesday morning.

Timothy John Hayes, 33, was in San Luis Obispo Superior Court on Wednesday for a second day of preliminary hearings. He faces a possible life sentence on multiple charges, including torture and attempted murder, after prosecutors allege he bound his girlfriend with tape and tortured her for three hours while under the influence of drugs.

In preliminary hearings, prosecutors present evidence against a defendant and a judge decides if probable cause exists to move to trial.

In Hayes’ case, Superior Court Judge Michael Duffy ruled there was enough evidence to proceed. Hayes is due back in court Oct. 28.

In the first half of the preliminary hearing, Deputy District Attorney Julie Antos called the alleged victim — identified only as Jane Doe in court — to testify about how Hayes allegedly bound her and beat, burned and cut her with several household items.

Most of Wednesday’s hearing consisted of Hayes’ attorney, Ilan Funke-Bilu, cross-examining the woman about the event.

She testified that she and Hayes spent the weekend together, and she admitted the pair had consumed cocaine and alcohol and engaged in rough sex involving binding her with tape. She denied, however, that she consented to any such activity on Monday, Sept. 8, the date of Hayes’ arrest.

“I resisted the entire attack. I was not consenting to any of this,” she responded. “It was the most traumatic evening of my entire life.”

Funke-Bilu asked the woman if the alleged attack was part of a fantasy role-playing game.

“I’ve never played a fantasy role game,” she responded.

The alleged victim also testified that prior to what she called “the ordeal,” police had arrived to check on Hayes’ well-being after he was spotted outside the house naked. She said she was napping at the time and was told by Hayes to “hide the drugs” while he talked to the officers, who briefly questioned Hayes and never entered the home.

She testified that at around 7 p.m., Hayes spontaneously began accusing her of having other boyfriends and she told him she was leaving. That’s when Hayes pushed her down and dragged her by the hair into another room and bound her head and hands with masking tape, she said.

She recounted how she convinced Hayes to free her so she could help him clean the house, and how he began crying when he accidentally cut her wrist while removing the tape. After helping him clean the bedroom, she said, she grabbed her bags and ran out of the house.

“I had bought enough good faith in order to be trusted,” she said. “That’s when I ran.”

As she was driving away, she said, she saw Hayes standing naked in the doorway and making a throat-slashing motion with a knife in his hand.

Funke-Bilu asked the alleged victim if she was accusing his client of the crimes in order to sue him in a civil lawsuit following the criminal case. Antos objected to the question, and Duffy ruled the witness did not have to answer.

Hayes remains in custody at San Luis Obispo County Jail in lieu of $1 million bail.

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