Two acquitted in Rochester alleged rape case
(ABC 6 News) – UPDATE: Brian Bird and Kendra Gusa were acquitted of all charges Thursday, Aug. 10.
According to court records, a jury declared Bird and Gusa not guilty of the alleged rape of a woman in a Rochester hotel room in the summer of 2021.
(ABC 6 News) – The jury trial for a Le Roy man accused of rape started Tuesday in Olmsted County court, while his co-defendant still sits in jail.
Brian Bird, 49, is accused of locking a woman inside a Rochester hotel room and sexually assaulting her. Bird is charged with first degree criminal sexual conduct with penetration causing injury as well as third degree criminal sexual conduct involving force.
Another person, Kendra Gusa, is also being charged in connection to the incident. The 21-year-old Rochester woman has charged with two counts of aiding and abetting criminal sexual conduct after allegedly participating in the assault with Bird.
The victim reported the incident to the Rochester Police Dept. on July 27, 2021. Court documents say that another woman read a letter written by the victim, an adult female, which details the incident Gusa and Bird are being charged in connection to.
According to court documents, on July 26, 2021, Gusa was walking with the victim, whom she lived with, when Gusa told her a male would be meeting them. The two were picked up by Bird in an old minivan. The victim writes in the letter that Gusa pushed her into the backseat while Bird drove them to a hotel.
The victim says she tried to get out of the car, but Gusa had locked her inside. The victim told Gusa that she wanted to go home, but was pulled inside the hotel by Gusa and Bird. She then alleges she told Bird and Gusa that she wanted to leave, but the pair locked the hotel door and blocked her the door.
According to the criminal complaint, Gusa and Bird got naked and told the victim to do the same and “not ruin the fun”. The victim stated she was afraid and did not know what to do, so she complied and took her clothes off. She then alleges Gusa pushed her to her knees while Bird forced the victim to perform oral sex.
The criminal complaint also states that the victim was told to get on the bed by Gusa, and when the victim did, Bird started having sex with her even though she told him to stop. Bird then had sex with Gusa. The three eventually left the hotel room and Bird dropped Gusa and the victim off at their residence.
According to court documents, a RPD investigator went to the hotel after the incident was reported and was told that Bird rented a room on July 26, 2021. Bird listed his vehicle to the hotel as a Dodge Can. The investigator also verified that the manager of the hotel recalled Bird checking in and being with two females.
Gusa told police that the victim “freely participated in the activities”.
Court documents say that the victim participated in a sexual assault nurse exam (SANE). It was noted in the report that the victim had an abrasion on her right breast and indicated tenderness.
The jury selection for Gusa’s trial is still underway.
If Bird is found guilty of both charges, he could be sentenced to 45 years in prison.
Gusa could face the same fate if convicted.