Former Xavier Prep, COD football player found guilty of rape

Former Xavier Prep and College of the Desert football player Brandon Vandenberg appeared surprised hearing his guilty verdict in a Nashville courtroom.

Vandenburg and another former Vanderbilt football player, Corey Batey were each convicted of multiple counts of aggravated rape and sexual battery.

Prosecutors say Vandenburg brought his then-girlfriend, a 21-year-old neuroscience student, back to his dorm room after a night of drinking in June 2013. Vandenburg then encouraged three of his teammates, including Batey, to have sex with her while he recorded it on his phone.

“Did you consent to any of the acts done to you?” asked a prosecutor during the victim’s testimony.
“Absolutely not,” she said.
“Did you consent to any photos or videos being taken of you?” he asked.
“Absolutely not,” she replied.

Defense attorneys argued Vandenburg did not take part in the sexual assault, but conceded he took “deplorable” photos. The jury found him guilty on the basis of criminal responsibility.

“In California it’s just called aiding and abetting,” said David Greenberg, former chief deputy district attorney for Riverside County who now serves as a private attorney. “As opposed to saying, hey guys get off my girlfriend, he cheered them on and told them how and when.”

Two of the men who received the videos, Joseph Quinzio of Palm Desert and Miles Finley of Bermuda Dunes, testified in the trial.

Finley told jurors Vandenburg smashed his phone and disposed of it in a lake.

Quinzio, the last witness to take the stand, also said Vandenburg destroyed his phone, and claimed Vandenberg and his attorney told him to lie to police about it.

Quinzio and Finley were both charged with a felony count of tampering with evidence, but were offered plea agreements in exchange for their testimonies.

Vandenberg and Batey will receive their sentences March 6.

“They’re looking at 15-25 years in state prison for each aggravated rape, they’re look at 8 to 12 years for each aggravated sexual assault,” Greenberg said.

Two other former players involved in the attack, Jaborian McKenzie and Brandon Banks, are also being charged, but their trial dates have not been set.