Former Cayucos firefighter convicted of rape, other charges
A jury deliberated for four days before convicting a former Cayucos volunteer fire captain of the majority of charges against him in a monthslong rape trial.
Oscar Higueros Jr., 40, of Cayucos stood with his mouth agape, occasionally shaking his head as individual verdicts were read over 45 minutes in San Luis Obispo Superior Court on Friday.
He faces a minimum of 64 years in prison when he’s sentenced May 9.
Higueros faced 35 charges, including forcible rape, forcible oral copulation, forcible sodomy, causing a minor to engage in sex acts for commercial purposes, witness dissuasion, furnishing a controlled substance to a minor and possession of marijuana and cocaine for sale.
Each charge referenced a specific act at a specific date and time during Higueros’ relationship with a then-17-year-old Los Osos girl in July and August 2014.
The jury found Higueros guilty of 7 of 12 charges of forcible rape, as well as 6 of 12 counts of forcible oral copulation. Of the six forcible oral copulation charges he was found not guilty of, the jury found that he was guilty in each charge of a lesser offense of engaging in oral copulation with a person under 18.
The jury additionally found him not guilty of two of three charges of forcible sodomy, while finding him guilty of one count of witness dissuasion, two charges of causing a minor to engage in a commercial sex act and one charge each of possessing marijuana and cocaine for sale.
They found him not guilty of furnishing those drugs to his victim, referred to in court as Jane Doe.
This was not a pleasant case for anybody. I’ve been prosecuting sex crimes since 2004, and this Mr. Higueros is the most prolific rapist I’ve ever handled in my career.
Deputy District Attorney Greg Devitt
Deputy District Attorney Greg Devitt said that, in total, Higueros faces at least 64 years and a maximum of 183 years and eight months to life in state prison.
Prosecutors alleged that Higueros responded to a Craigslist ad in July 2014 and paid $150 to have sex with the girl, who was being pimped out by Richard Scott Brooks of San Francisco.
Brooks, 40, has already been convicted of pimping the teen and was sentenced January in a separate trial to 61 years and eight months to life in prison.
A day after Higueros and the girl had sex, the victim moved in with Higueros after an argument with her mother.
During their time together, Higueros and the teen had sex regularly, with Higueros taping several of the encounters on his iPhone. At several points during the trial, jurors watched the explicit videos.
Higueros and the teen also shared cocaine, alcohol and marijuana, Devitt told the jury, and Higueros wanted the girl to sell the drugs as he looked to make a profit off the videos.
On the witness stand, Higueros denied the allegations, saying he was lied to by the victim about her age. He testified that he found out she was 17 in mid-August and initially wanted to kick her out of his apartment, but said she talked him into allowing her to stay as a platonic roommate.
Higueros’ attorney, Jay Peterson, argued in his closing statements that Doe tricked Higueros, was well-versed in drug dealing and that Higueros “was not picking up some wayward youth on a street corner.” He said the sex was consensual, that Higueros never threatened her with violence and that Higueros encouraged her to meet with a sheriff’s deputy when the deputy called asking about her well-being following a report by a Cuesta College employee that Doe may be in trouble.
As the 35 verdicts were read Tuesday, Higueros stood and repeatedly shook his head while looking at the jury. Following the verdict, the jury immediately gathered in an empty courtroom to console each other and say goodbye, according to a court bailiff. The jury foreman could not be reached for comment.
As he left the courtroom, Higueros’ attorney did not acknowledge a reporter when asked for comment as he walked out of the courthouse.
Following the verdict, Devitt said he was grateful to the jury for taking considerable time to evaluate each charge and to the victim and other women who testified against Higueros for their bravery on the stand.
“This was not a pleasant case for anybody,” Devitt said. “I’ve been prosecuting sex crimes since 2004, and this Mr. Higueros is the most prolific rapist I’ve ever handled in my career.”
Higueros is scheduled to be sentenced May 9 in San Luis Obispo Superior Court. Devitt indicated to Superior Court Judge Jacquelyn Duffy that the victim and other women who testified against Higueros wanted to submit letters to the court for consideration at sentencing.
This story was originally published March 4, 2016 at 2:21 PM with the headline "Former Cayucos firefighter convicted of rape, other charges."