The victim of an alleged sexual assault at a Richland park told a Benton County jury Wednesday about how she was beaten, forced to perform oral sex and was scared for her life.
The woman cried as she detailed how John Magana allegedly drove her to Claybell Park on Dec. 26, 2010, snorted a line of cocaine, then dragged her into the bushes when she got out of the car to walk away.
"I was kicking and screaming. He said I made the wrong choice or I was going to regret it," she said. "At first, he didn't hit me, he said he was going to count to three, and if I didn't stop screaming he would punch me. ... I kept screaming and saying 'Let me go!' He kept pulling me in there, and at some point he punched me."
Magana, who is charged in Benton County Superior Court with second-degree rape, was arrested by Richland police after a passer-by heard the woman's screams and called 911. Magana's trial started Monday.
The woman, who was living in Richland at the time, now lives in Texas. She is not being named under the Herald's policy not to identify victims of sexual assault.
The woman said she met Magana several years earlier at a Christmas party she attended with her boyfriend at the time. In early 2010, she had a miscarriage and became addicted to the pain medication she had been prescribed. She said she was taking the hydrocodone when she felt sad or wanted to forget, so she "didn't have to deal with the pain of losing two babies."
She said she was told Magana sold drugs and probably could help get her some pain pills, so in June 2010 she called him and gave him $200 for the drugs. She said she never got any pills from him and never got her money back.
She testified that she saw Magana just before Christmas when he came into the restaurant where she was working. Three days later, on Dec. 26, she said, he called her and said he felt bad about taking her money and wanted to give it back to her.
She agreed to meet him after work, and they met in the parking lot at the Bonefish Grill, she said. Magana had a new car and told her to get in to check it out. She testified that he then said he was "freaking out" that people were watching him, so he started to drive around.
During the drive, the woman said Magana took out of small container of cocaine and asked her to get it set up. She said he gave her a credit card and told her how to separate it. When they got to the park, she said he did a line of cocaine and told her to do a line, but she said no.
She said he then asked her to show him her breasts. She said no, then asked him to take her back to her car, and he said she could walk.
She got out of the car and said she remembers Magana getting out and saying, "Baby, baby wait," before grabbing her around the neck and pulling her to the ground.
The woman testified that Magana didn't have an erection but forced her to give him oral sex three times.
At one point, they heard someone walk by and the woman said Magana pushed her head into the ground and said that he would kill her if she screamed. He said he would kill her with a rock, she said.
"I kept screaming, and he started hitting me hard. I tensed up and kept thinking, 'I don't want to die,' " she said.
The sexual assault resumed until Magana heard another noise, got up and ran away, she said. The woman said she ran the other way, and that's when Abraham Toure found her, gave her his coat and carried her to a nearby house to wait for police.
Toure had been walking home through the park, heard a woman screaming in the bushes and ran to a nearby house to call 911 because the battery on his phone was dying. He previously told the Herald that he went back to where he heard the struggle, used his phone to illuminate the area and made a noise so people would hear him.
Magana ran to his car and drove off but crashed his car trying to get away, and was found nearby by police.
When defense attorney Sal Mendoza Jr. questioned the woman, he asked her about why she lied to officers at the hospital and changed her story as the court case progressed.
Mendoza asked why she didn't initially tell police that she met Magana to get her money back -- he said she told officers that she met Magana to discuss his divorce -- or that she had used his credit card to cut up the cocaine.
The woman said she didn't remember what she told police at the hospital because she was distraught over what happened.
"How is it you forgot the fact that you were cutting up the cocaine and failed to mention it to the officer?" Mendoza asked.
Mendoza also asked the woman if her real reason for meeting Magana that night was to get additional pain pills. He suggested that she didn't have money to pay Magana so she agreed to have sex with him and asked him to drive somewhere private.
"Wasn't there also a discussion about you going to his apartment and you said, 'no, your wife lives upstairs; I'm not going to go there,' " Mendoza asked.
"No, that is not true whatsoever," the woman replied.
Testimony continues today in Benton County Superior Court.