Marysville Appeal-Democrat

Man arraigned for kidnapping, rape charges from 2013

- By David Wilson dwilson@appealdemo­crat.com

A DNA match led to rape charges against a Marysville man.

He had not guilty pleas entered on his behalf Friday to kidnapping a victim for rape, rape of an unconsciou­s victim, and sexual penetratio­n of an unconsciou­s victim. The alleged offense took place in April 2013.

Allen Berkley Lomax, 28, of 5870 block of Montclair Avenue, was booked into Sutter County Jail on Thursday.

The victim was passed out during the alleged rape but DNA was recovered and recently it was matched with Lomax’s, according to Sutter County

Deputy District Attorney Diego Heimlich.

A warrant was issued for Lomax’s arrest on

June 2. On Friday, Lomax appeared in Sutter County Superior Court via video conference from Sutter County Jail for his arraignmen­t. Judge Susan Green said Lomax faces a maximum of 16 years to life in prison if convicted of all charges.

“I’ve never taken anyone against their will,” Lomax said after Green finished reading out the charges.

Green said the sexual assault was reported in 2013 but that the victim did not know who the suspect was. The victim was walking in the area of Sam Brannan Park in Yuba City while drunk to the point of almost blacking out. The next thing the victim remembered was waking up in an abandoned building.

Green appointed the public defender’s office to represent Lomax. She scheduled a bail hearing for Aug. 5 at 1:30 p.m. Lomax’s preliminar­y hearing is scheduled for Aug. 14 at 9 a.m. A prehearing conference will take place on Aug. 12 at 1:30 p.m. to confirm the date of the preliminar­y hearing. At the preliminar­y hearing, a judge will determine if there is enough evidence for the case against Lomax to go to trial.

As of late Friday, Lomax remained in Sutter County Jail on $500,000 bail.

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