Violent assault leads to arrest

37-year-old Brian Pangilinan Maxion from Milpitas appeared in court this week pending a review of charges for the violent sexual assault by force against his cohabitant/spouse. On December 23rd, police arrived at the home at 822 Chagall Rd, Milpitas, where a female victim frantically sought out officers as she fled the apartment with her two children in her arms.  The victim suffered bruising around her arms, abdomen and lower back area from the severe beating suffered during the time of the attack.

Neighbors at this San Jose apartment complex may have witnessed more than one instance of abuse from Maxion

Officers later identified the suspect and read Maxion his Miranda rights, and he was then booked on charges of domestic violence under PC 273.5, sodomy PC 289, making death threats PC 422, and torture 206 PC.

The victim was attacked by Maxion in what is being described as a metal rod, and plastic coat hanger.  Two metal bars and a broken plastic hanger were recovered from the scene officers were able to identify as where the violent attack had occurred.

The victim was taken to Valley Medical Center and received a “SART” exam. Supervising Deputy District Attorney Steven Fein with the Santa Clara County Defense Attorney’s office said, “A SART kit is physical evidence collected from a victim and/or defendant.”

SART reports revealed the victim was tortured with the intent to inflict great bodily injury, in which he had committed sexual penetration by force, causing unlawful bodily injury, and while he had threatened death. Fein said, “The examination can provide information regarding DNA or injuries.”

The victim had reported to police that she had been in a relationship with the suspect for the last four years and they had two children together.  She said the children were forced to be in the room during the time of the incident.    Often physical force and or detainment by the person are carried out at the time of the offense.  Children often become the victims of domestic abuse and are used as leverage or as a tool to continue to inflict harm and continue their behavior unabated.

The victim was taken to Valley Medical Center in San Jose

The victim believes that she was in a vicious cycle of abuse by her boyfriend, who had previously abused his ex-wife.  Abuse can come with a warning sign.  Hurtful language or curse words and threatening behavior are warning signs of possible physical or emotional abuse.  This behavior may often be downplayed at the beginning of a new relationship. However, as the relationship continues it can quickly escalate into a violent and life threatening attacks.  In other cases involving domestic violence, an assailant may seek out their intended victim.

Maxion had been arrested on previous charges for domestic violence, but to what degree was unapparent to her at the time of their on-going relationship.  In many abuse cases the victim can often downplay the violence, often thinking they could have prevented it by not saying something, or not doing something they might have done. Violent crimes, however, are not always brought within a single incident. The attacker often will escalate the violence at a level the suspect or perpetrator feels comfortable with.  In this case the assault had increased over a two year period of time.

“Every case is handled differently,” Fein said. “Sometimes we proceed anyway and sometimes we don’t.  It depends on the seriousness of the case and our ability to prove the case, along with other potential circumstances.”

Violent assault leads to arrest was last modified: January 14th, 2019 by admin
Categories: Santa Clara

Comments

  1. M.R
    M.R 17 January, 2013, 14:09

    What a monster. I know this guy and his ex wife he also beat up. She was lucky cause she left when he got really bad. But it’s sad that he did this to someone else and she also is the mother of his kids. Hope first she can get some help with therapy cause it’s a lot to deal with and raising 2 kids alone is going to be rough. For him, he needs jail time and if he does get out again..he should be banned from being with any women! Next one he’s with might not be lucky enough to escape!

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  2. C.L
    C.L 18 January, 2013, 08:38

    This man is a coward monster. Around town, he is known for beating up his women. He beats them up and his family cleans up right after him. Leaving the next woman unaware and oblivious to his extensive priors and criminal background. There have been 1 too many victims that now include children and I agree with you up there…the next one might not be lucky enough to escape.

    Reply this comment
  3. C. R.
    C. R. 19 January, 2013, 09:54

    This sickens me. This man deserves to be put away for life. If it’s true that his family has covered up his prior criminal background, then they are just as responsible for what he did to this woman and his ex wife. The fact that he made his kids watch tells me there’s no remorse.

    Reply this comment
  4. jj
    jj 31 March, 2013, 16:53

    I hear he got sentenced to 15 years. See how they like him in prison!

    Reply this comment
  5. E52
    E52 17 July, 2014, 19:56

    I knew this guy and worked with him. His violent nature wasn’t always obvious, but you knew he had a dark side to his personality. His wife was a good woman with a kind heart that would do anything for him. This is learned behavior something that has been passed on. Sad, I always thought he was a nice guy, who loved his wife. Now I find out he wasn’t even a real man and she was probably living in terror. Whatever it was that made him do what he did he should suffer for it the rest of his life.

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