MARTINEZ -- A Berkeley man accused of two break-in sexual assaults at a Walnut Creek apartment complex in 2010 was convicted of four felony counts Thursday by a Contra Costa jury.

Antonio Andre Mouton, 26, was convicted of residential burglary and assault with intent to commit rape for a June 30, 2010, attack in which he gained entry to the Park Regency Apartments unit where the female victim lived. He placed his hand over the woman's mouth but fled when she fought against his advances.

He also was convicted of residential burglary and forcible rape for his assault on a second woman at the Park Regency complex six days later.

The jury, which began deliberations Monday afternoon, could not reach a decision on counts five and six -- forcible rape based on additional assaults during the attack on the second woman. After polling the jurors, Judge Theresa Canepa declared a mistrial on the final two counts only.

Mouton will be sentenced May 30 and could face 32 years to life in prison.

"Obviously, for the victims in this case, it took great courage to come in and testify about what happened," prosecutor Ryan Wagner said. "The important thing is that the jury found the defendant responsible for both incidents."


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Mouton was charged with two of the three attacks at the Park Regency that put residents on edge during a six-week period. No one was arrested in connection with the third incident, in which a 25-year-old woman was awakened at 8:30 a.m. by an intruder who put his hand over her mouth. The intruder fled after the woman sprayed him with pepper spray.

DNA evidence linked Mouton to the second assault victim. Wagner, during closing arguments, noted to the jury that Mouton's cellphone records for the six-week period of the attacks showed that the only two nights and early mornings he spent in Walnut Creek during that time corresponded with the attacks on the two women.

Public defender Diana Garrido, in her closing arguments, emphasized that the first rape victim had failed to positively identify Mouton as her attacker when she appeared in court to testify, and noted that Mouton had an aunt who lived in the area of the Park Regency Apartments. Garrido also criticized investigators for their "defective" lineup procedure and for failing to retrieve surveillance video from the apartment complex until after it had been overwritten.

Contact Gary Peterson at 925-952-5053. Follow him at Twitter.com/garyscribe.