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.”