State

DA: Second teen victim in case against Turlock officer

A Turlock police officer charged with three sex crimes involving a 17-year-old Pitman High School student also inappropriately touched a 16-year-old girl, according to a criminal complaint the Stanislaus County district attorney's office filed Monday.

Former officer Jorge Cruz and Pitman math teacher Carl Kubicek are accused of having sexual relations with the 17-year-old, identified in Stanislaus County Superior Court as Jane Doe No. 1.

The Cruz and Kubicek cases are separate, and the men do not know each other. They were in court Monday to be arraigned, but the proceedings were continued and neither man entered a plea.

Cruz is charged with one count each of sodomy with a minor, oral copulation with a minor, sexual intercourse and dissuading a witness from testifying.

A fifth charge against Cruz, unlawful touching of a 16-year-old Turlock girl, was added Monday. Court records refer to her as Jane Doe No. 2.

Kubicek is charged with four counts of unlawful sexual intercourse with a 17-year-old girl referred to in court documents as Jane Doe No. 1. The complaint says the incidents occurred in her home, at the home of one of her relatives, in a Pitman classroom and in "the home of T. Vincent."

That is retired Turlock police officer Thomas Vincent, a friend of the victim's family, Police Chief Gary Hampton said Monday. The girl was watching Vincent's home, feeding pets and watering plants, while he was on a vacation, Hampton said.

Vincent, who retired in February after 30 years of service, did not know about the incident in his home until recently, Hampton said.

Kubicek also faces one count of oral copulation and one count of exploitation of a minor, which suggests inappropriate photographs were taken.

Cruz and Kubicek refused to comment before or after the hearing.

"Not guilty," Kubicek's attorney, Frank Carson, said outside the courthouse. "He didn't do it."

"We don't know anything yet," Cruz's attorney Paul Goyette said before entering the courtroom. "I haven't seen a shred of paper in this case yet."

The Gold River-based defense attorney regularly represents police unions and police officers accused of crimes.

Hampton has said Jane Doe No. 1 met Cruz because she was involved with the Police Department's Explorer Program and during the past six to eight months she rode along with him more than once.

The police chief has said the police inquiry began in early February when the 17-year-old girl's mother learned about a relationship with Kubicek. The parents had noticed changes in her behavior and grew suspicious, the police chief said.

The two men were arrested Feb. 8.

Kubicek has been placed on paid administrative leave, a Turlock Unified School District official said Monday. He has been a teacher with the district since July 1, 2000, and worked at Turlock High School before starting with Pitman in 2002. Before that, he was at Patterson High School.

"We'll see the board taking action regarding his employment in the near future," spokeswoman Janet Pohl-De Mello said Monday.

Cruz also was arrested on suspicion of rape, but that charge isn't listed on the formal complaint.

Cruz, a three-year veteran, is "no longer an employee of the police department," Hampton said. He would not say whether Cruz was fired or resigned.

Cruz's arraignment will be continued at 1:30 p.m. April 2. Kubicek's arraignment will be continued at 1:30 p.m. April 7.

Both men are married with children and are free on bail.

Bee staff writer Michael R. Shea can be reached at mshea@modbee.com or 578-2391.

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