Man charged after early-morning report of sexual battery, use of pepper spray

A Berkeley man has been charged with felony assault after police say he attacked a teenage girl in West Berkeley early Sunday morning. Police say the man and girl knew each other prior to the attack.

A Berkeley man has been charged with felony assault after police say he attacked a teenage girl in West Berkeley early Sunday morning.

The girl — police did not release her age or city of residence — said the man sexually battered her, pepper-sprayed her and threatened to kill her, said Officer Byron White, BPD spokesman. The two knew each other prior to the attack, he said. The incident happened at about 4 a.m. in a residence in the 1100 block of Channing Way, near San Pablo Avenue.

The girl reported the incident to police just before 1:30 p.m. Sunday, said White. Police then tracked down the man the girl had identified as responsible for the attack, 24-year-old Marquis Odell Banks, and took him into custody at about 2 p.m., White said. Banks was arrested on suspicion of sexual battery, battery causing serious injury, use of tear gas and criminal threats.

The teenager, who was left with multiple bruises on her body, was taken to a local hospital for treatment, White said. Her age and city of residence were not released, he said, due to confidentiality laws related to the nature of the attack.


Banks remains in custody as of Wednesday, when he was charged with assault with force likely to produce great bodily injury. The charge includes the special allegation of great bodily injury, according to Alameda County court records online.

According to those records, Banks has convictions in two other cases: vehicle theft in 2014 and domestic violence in 2015.

His next court date was not listed as of publication time.

Emilie Raguso is Berkeleyside’s senior editor of news. Email: emilie@berkeleyside.com. Twitter: emraguso. Phone: 510-459-8325.