David Montiel Cruz is a California inmate serving 102 years in state prison for the June 2003 kidnapping and repeated sexual assault of nine-year-old Jeannette Tamayo in San Jose. He was booked under the alias Enrique Sosa Alvarez, one of several names authorities said he used, and was convicted in 2004 on all ten felony counts filed against him.1SFGate. Child’s Assailant Guilty on All Counts
What He Did in June 2003
On the afternoon of June 6, 2003, Cruz was already inside the Tamayo family home in San Jose when nine-year-old Jeannette arrived from school. A neighbor’s security camera later showed he had been in the house for roughly 30 minutes and had backed his car into the garage.2CNN. Girl Found Alive After California Kidnapping When the girl’s mother and 15-year-old brother came home, Cruz attacked them both, seriously injuring the mother, and fled in his car with Jeannette inside.3CNN. Suspect Arraigned in California Kidnapping
He handcuffed the girl, put her in a box in the backseat, and drove her to a house on Dearwell Way, less than a mile away. She was held in a second-story bedroom for two days and repeatedly sexually assaulted.4ABC News. Jeannette Tamayo Escape From Kidnapper On the evening of June 8, as media coverage intensified, Cruz drove roughly 30 miles to East Palo Alto and let her out near a liquor store. She walked into the nearby Eastside Market alive.5Los Angeles Times. Arraignment in San Jose Kidnapping Case
How He Was Caught
Jeannette had memorized Cruz’s cell phone number, tracked the route of the car, and noticed he ordered pizza from Little Caesars during her captivity. Investigators confirmed a Little Caesars delivery to the Dearwell Way address, and she was able to lead officers back to the house.6SFGate. Kidnap Victim May Have Saved Own Life
Police raided a friend’s home near the abduction site before dawn on June 9. They found Cruz hiding in the attic and preparing to flee. He resisted arrest, and a K-9 officer’s dog bit his arm during the struggle.3CNN. Suspect Arraigned in California Kidnapping
The Charges Against Him
Cruz was booked under the name Enrique Sosa Alvarez and held without bail at the Santa Clara County jail. He was arraigned on June 11, 2003 in Santa Clara Superior Court on nine felony counts, with a public defender appointed and no plea entered.7ABC News. California Kidnap Suspect Arraigned The charges included:
- Residential burglary
- Kidnapping, with a special allegation that the victim was bound
- Two counts of aggravated sexual assault of a child
- Rape
- Two counts of forcible lewd acts on a child
- Child endangerment
- Assault with force likely to cause great bodily injury, against Jeannette’s brother
- Felony battery causing serious bodily injury, against Jeannette’s mother
Prosecutors said Cruz faced up to 115 years to life if convicted on all counts.7ABC News. California Kidnap Suspect Arraigned
Trial, Insanity Defense, and Verdict
The case went to trial in Santa Clara County Superior Court in September 2004. On September 14, after one day of deliberations, the jury found Cruz guilty on all ten felony counts and a series of special allegations, including that he used a frying pan, a screwdriver, a pillow, and a knife to threaten or harm his victim.1SFGate. Child’s Assailant Guilty on All Counts
Defense attorney Carl Beatty then argued Cruz was not guilty by reason of insanity, saying his client “tests at a mentally retarded level” and was “incapable of knowing right from wrong.” Beatty pointed to testimony from prosecution psychiatrists who said Cruz suffered from post-traumatic stress disorder tied to physical and emotional abuse in childhood. The jury rejected the defense.8SFGate. Life Term for Man Who Raped, Kidnapped Girl
The 102-Year Sentence
Judge Rene Navarro sentenced Cruz to 102 years in prison on January 21, 2005. Navarro, then 18 years on the bench, said: “In 18 years of being part of this distinguished bench, I have never encountered [a crime] as vicious as this.” He also recommended that state prison officials provide psychiatric treatment for Cruz.8SFGate. Life Term for Man Who Raped, Kidnapped Girl
Deputy District Attorney Matt Braker called Jeannette Tamayo “simply heroic” for the evidence she gathered while she was being held, which helped police identify and arrest her captor within days.
Where He Is Now
Cruz is in California Department of Corrections and Rehabilitation custody under CDC number V65475, committed from Santa Clara County. His initial parole suitability hearing was scheduled for December 13, 2023. According to CDCR Board of Parole Hearings records, the result was logged as “Waive 1 yr,” meaning Cruz waived the hearing for one year.9CDCR. Board of Parole Hearings Results, December 2023