U.S. Navy sailor to stand trial for alleged rape of woman at California ski resort

A sailor from Lemoore Naval Air Station will go to trial for allegedly raping a China Peak Mountain Resort employee in 2020.

Fresno County Superior Court Judge Jonathan Skiles ruled Thursday there was enough evidence to proceed with the case against John E. Burton, 41.

Burton was arrested Feb. 17, 2020 after Fresno County Sheriff’s deputies said he broke into the hotel room of a 25-year-old ski and snowboard resort worker he met in the bar of the Inn at China Peak.

The woman testified her memory from the night of the alleged assault is a little hazy. She remembered she and her boyfriend were enjoying themselves with a few drinks. She recalled talking with the bartender, a few other people who were celebrating a birthday party and the defendant.

She told prosecutor Nicole Galstan that she met him for the first time that night.

What she can’t remember is how she got from the bar to one of the rooms at the Inn where she was allegedly raped by Burton.

Under questioning from the prosecutor, the woman made clear she and Burton did not have consensual sex. “Did you at any point speak to the defendant about having sex?” Galstan asked.

The woman tearfully replied, “No.”

“Did you consent?” Galstan asked.

Again she replied, “No.”

“Do you recall him having sex with you,” the prosecutor asked.

“No,” the employee said.

Under cross examination by Burton’s attorney Matthew Wallin, the resort employee acknowledged she has previously blacked out after drinking heavily. He pressed her about how many times she had blacked out and she said she couldn’t remember.

He also asked her if she was a flirtatious person when she drinks. She replied that she likes talking to people.

A witness testified that eventually the employee left the bar, but then fell outside and had to be helped back inside.

Cody Briscoe, the Inn’s front desk clerk that night, testified the woman was too intoxicated to get home safely, so he provided her a room for the night. He also remembers the defendant offering to help.

“He said to take her up to his room, he would take care of her,” Briscoe said. “That was a big red flag. And I got a weird feeling in my gut. She was helped to the room by security and another worker.”

Still concerned about the woman, Briscoe testified that when he went to check on her later, he opened the door partially and saw the defendant having sex with her. She also appeared to be passed out, he testified.

“She was not making any noises or moving on her own,” he said.

He testified that he closed the door and went to the end of the hallway to call the resort’s security officer, who also called the Fresno County Sheriff’s Department.

After questioning by deputies, Burton was arrested. and charged with rape.

If convicted, Burton could face up to eight years in prison.