Several felony
charges, including rape, were dismissed in light of the defendant's plea.
A 35-year-old woman
testified that she met Dana in April 2011 while she worked as a prostitute on
El Cajon Boulevard.
She said she was
standing by a Denny's restaurant when she saw Dana's patrol car and immediately
tried to walk away because she was on probation for a prostitution conviction.
The woman said Dana stopped his patrol car in a nearby alley.
"I said, 'I know
I'm not supposed to be here,'" she said, "He said he wasn't out here
for that."
The woman said she
gave Dana her cell phone number, and she thought of him as someone she could
trust to warn her of police activity in prostitution areas.
Sometime later, the
woman said Dana texted her from his Jacuzzi, saying he wished she could be
there with him. She said she had no problem with the idea of having sex with a
police officer as long as he paid.
On the night of May
10, 2011, the woman said she went downtown looking for clients because there
was too much police activity on El Cajon Boulevard.
She said she went
home, changed clothes and went back to work on El Cajon Boulevard.
Around 2:30 a.m., the
woman said she got a text, then a call from Dana and eventually met up with him
near a 7-Eleven.
The woman said she
and Dana made small talk near the rear of his patrol car, then he demanded sex.
"He said either
I give him what he wants or I go to jail," the woman testified.
The woman said Dana
put her in the back of his patrol car, then drove to a dark part of Presidio
Park in Old Town. She said Dana demanded oral sex, then had sexual intercourse
with her.
After the encounter,
the woman said she licked her fingers and wiped saliva on the front seat of
Dana's patrol car to prove that she had been there.
Defense attorney
William Wolfe said earlier that the victim routinely violated her probation by
going out to work as a prostitute. Wolfe said the sex could have been
consensual and called the woman's credibility into question.
Dana served four
years in the Marine Corps and earned several medals, Wolfe said.
The defendant joined
SDPD after being honorably discharged from the military in 2007. He left the
department shortly after the encounter with the prostitute.