San Jose cop accused of rape
faces new charge
By Tracey Kaplan
SAN JOSE -- The San Jose police
officer accused of rape was charged Tuesday with a whole new crime -- storming
out of the Gilroy Safeway with a bottle of vodka about 2:30 a.m. in violation
of a state law that bans the sale or purchase of alcohol between 2 and 6 a.m.
Officer Geoffrey Graves faces one misdemeanor count of violating that law, but
he was not charged with theft because a grocery store cashier said he left $20
at the checkstand, apparently enough to cover the cost.
The incident occurred May 25,
though it did not surface publicly until Tuesday when Graves was arraigned.
The new charge comes while
Graves is free on $100,000 bail and on paid administrative leave for the Sept.
22 alleged rape of an undocumented woman he first encountered during a
disturbance call. He faces up to eight years in prison if he is convicted.
However, experts say prosecutors could add a gun enhancement because he was
armed at the time of the alleged sexual assault, potentially extending his
maximum sentence to life in prison.
The Safeway incident was
captured by the store's surveillance cameras, law enforcement sources said.
A customer is seen approaching
the checkstand with a bottle of liquor about 2:30 a.m., talking briefly to a
cashier, throwing down some money and stalking out. In an interview with
police, the cashier said he told the customer he couldn't sell him the alcohol.
It is not uncommon for such
incidents to be knocked down to an infraction punishable by a fine. But if
Graves' rape case goes to trial, the prosecution may be able to introduce the
matter as character evidence -- in particular, of his alleged disdain for the
law.
Graves, who did not enter a
plea Tuesday, is due back in court Oct. 16 on the alcohol charge. His
preliminary hearing on the rape charge is set for Oct. 1 but may be continued
until later this year.
