Uber Driver Sentenced For Sexually Assaulting Inebriated Passenger In OC

TUSTIN, CA — A former ride-hailing service driver was sentenced Thursday to eight years in prison for sexually assaulting a highly intoxicated woman put into his car by Tustin police following a drunken driving collision.

Amir Attia, 51, of Tustin, was convicted July 6 of two counts of sexual penetration of an intoxicated victim.

At issue at Thursday's sentencing was how much impact Attia's 1993 sexual battery conviction for assaulting a mentally disabled woman should play in his punishment for the 2018 attack.

Attia's attorney, Ed Welbourn, argued his client was eligible for probation, but Orange County Superior Court Judge Kevin Haskins disagreed.

But even if Attia was eligible for probation Haskins said he would not grant it.

Welbourn also argued that psychological experts prepared reports indicating Attia was a low risk for another sexual assault, but Haskins criticized those reports.

"It just causes me to question these reports," Haskins said. "I think he's at a very high risk for recidivism given his track record."

Welbourn also pointed to letters of support from his client's church leaders and family. But Haskins said those factors were outweighed by the two cases of sexual assault.

Deputy District Attorney Elise Levy said Attia "has demonstrated he's capable and willing to sexually assault women. ... His actions and conduct are the biggest indicator he has shown he will continue to do this."

Haskins agreed, noting how Attia gave varying accounts to police about his encounter with the victim and that the defendant even arranged for a tip for himself after dropping off the woman at her home.

Haskins also noted that the victim was especially vulnerable like many people who call for a cab in the middle of the night.

"When you work as an Uber driver at night, chances are you're picking up a lot of passengers" who have been drinking and can't drive, Haskins said. "They trust and the victim trusted they're going to get them to a place of safety. ... They really rely on people like Mr. Attia to get them from point A to point B safely."

Attia has 122 days credit behind bars. Haskins ordered Attia to register as a sex offender for the rest of his life.

The victim declined to make an impact statement, but wanted the defendant to receive the strictest punishment, Levy said.

She testified during the trial that she started drinking with co- workers after clocking out from her job at a Tustin bowling alley July 22, 2018. She started with a hard apple cider, then downed a few shots of Fireball whiskey before continuing to drink at a nearby restaurant, she said.

The victim, now 33, said she felt "happy, fun, laughing with co- workers." She testified she had been drinking two to three times a week at the time and smoking marijuana three or four times a week.

"I had a great time, so I thought I felt fine" to drive, she testified. She added that she regrets that decision now.

As she was attempting to drive home she lost control of her car and crashed into a newly planted tree in a center median and Tustin police were called, she said.

She felt "scared, dizzy," when officers arrived. Her then-boyfriend also came to the scene, she said.

Her blood-alcohol level was later measured at 0.241 and 0.239, three times the legal limit of 0.08 percent, Levy said. She also had marijuana in her system, Levy said.

The woman said she was "very apologetic, agreeing to everything" from booking officers.

A Tustin police officer asked the victim to unlock her phone so he could help her call a ride from Uber just before 2:30 a.m. July 23, 2018, the woman testified.

Attia said he had no information about why he was called to give the woman a ride, Welbourn said.

"The police escorted me to the car," the victim said. "I specifically remember saying, "It's hot in here."' She also noticed the driver was "overweight, heavy, a bit tan, bald" before she "got tired and fell asleep ... before we left the parking lot," she testified, characterizing it as blacking out and only remembering waking up the next morning in her home, where she lived with her parents.

Attia called the victim's boyfriend to come to her home to help him get the passed-out woman out of his car, Levy said.

When the woman woke up the next morning, she said she felt "soreness" in her groin area and called her boyfriend, who encouraged her and then took her to a hospital to be examined, Levy said, adding that a forensic nurse concluded she was sexually assaulted.

Police questioned Attia on May 24, 2019, and he repeatedly denied assaulting the customer, Levy said. During that 45-minute interview, he said the woman was "pretty wasted. I don't know how she drove. ... She was a mess," according to Levy.

Near the end of the interview "his story begins to unravel" and he admits to kissing her, Levy said.

Police received a swab from the man to do DNA tests, Levy said.

Attia was questioned again Jan. 8, 2020, and he insisted the only sexual contact he had with the woman was kissing her, Levy said.

"He tries to blame her," and alleged she threw herself at him, Levy said.

When confronted with the DNA evidence, Attia acknowledged he kissed her on the breast, Levy said.

Then investigators confronted him with a "ruse" about injuries to the woman's groin area and he acknowledged using his fingers in a sexual way with the woman, Levy said.

"He then tries to blame her again, saying she was drunk, she was horny," Levy said.

The woman sued Uber and settled for a "substantial amount," Levy said.

Attia testified that the sexual encounter with his accuser was consensual.