Brothers charged with rape Witnesses say teen passed out before attack

May 07, 1993|By Peter Hermann | Peter Hermann,Staff Writer

While her friends watched from outside, too scared to help, a 16-year-old girl was raped in a pickup truck by two teen-aged brothers during a party at a southern Anne Arundel County home last month, county police charged yesterday.

Phillip Nicalos Brown, 16, and his brother, Daniel Randolph Brown Jr., 17, were charged as adults with first-degree rape and face life imprisonment. District Judge Joseph C. Manck ordered them held on $50,000 bail at the Anne Arundel County Detention Center.

Phillip was arrested Wednesday at Southern High School in Harwood, where he is a sophomore. Daniel was arrested the same day in Annapolis. He attends evening classes at South River High School in Edgewater.

Both youths, who court officials said have after-school jobs and a virtually clean juvenile record, live with their parents in the 5200 block of Nick Road in Shady Side. Their father told Judge Manck yesterday that he believes the sex was consensual.

The court records describe a brutal attack in which the young victim was unaware of what happened to her until several hours after the incident, when friends explained what had happened.

According to the charging document, the teen-ager was attending a friend's party in the 5000 block of Muddy Creek Road and had been drinking.

Police said she passed out in the driveway and didn't wake up until later that morning.

Friends and witnesses later told the girl that one of the suspects picked her up, put her into the pickup truck and took turns with his brother raping her, police said.

Other witnesses told police they either heard sounds coming from inside the truck or saw the truck move while the suspect and victim were inside. While one of the brothers was raping the girl, the other brother shouted, "I'm next, I'm next," as he waited outside the truck, one witness said.

When one of the brothers got out of the truck, he reportedly told a witness, "Tell [the victim] I'm sorry," according to court documents. "I shouldn't have done that. We were supposed to be friends. I shouldn't have taken advantage of her."

The victim said "her friends were too intimidated by the defendant and his brother to help her," the charging document said.

A man identifying himself as the suspects' father, Daniel R. Brown Sr., told Judge Manck that his sons should not be in jail.

"This was a mutual thing," he said. "The party was two weeks ago. They have girls come to the house. I don't have trouble with my boys. The girl's friends called her mother, who got her to press charges."

"To be candid with you, I don't know too many kids who would do this at a party," Judge Manck responded before setting the high bail. "These are very serious charges."

Assistant State's Attorney William Katcef told Judge Manck the Brown youths had threatened the victim and witnesses. "The court ought to look at that carefully before letting them out of jail," he said.

Both witnesses and the victim have been threatened by the brothers, court documents charge. At least one of the brothers called a witness and reportedly said that if he or his brother gets into trouble, "You'll be gone."

Pending a trial, Judge Manck said, he would consider home detention for both suspects if he could be assured an adult relative would be home at all times to act as a supervisor. The judge said he would allow the defendants to go to school and possibly to work.

"I just hate to keep a 16-year-old boy in the Detention Center," the judge said. "I just want to ensure that these young men are not running the streets."

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