Attorneys disagree on sentence for two who have admitted to rape

By Scott North

Herald Writer

Two Everett men admitted Friday they are the rapists who kidnapped a woman from a grocery store parking lot May 24.

The only question now is how long they’ll serve in prison.

Raul Celso Orea-Herrera, 22, and Miguel R. Roman, 20, pleaded guilty to first-degree kidnapping and two counts of first-degree rape.

Snohomish County Superior Court Judge George Bowden scheduled sentencing for Dec. 18.

Deputy prosecutor Michael Held said he believes the two should face 15 1/2to 20 1/2years in prison. Defense attorneys Stephen Garvey and Rick Leo said they should face anywhere from just under eight years to 10 years.

In late October, disagreement over the sentences foundered an attempt to end the case with a plea agreement. But lawyers on Friday told the judge they have agreed to disagree.

The dispute centers on whether the rape charges should be viewed as separate acts or part of the same criminal conduct. If considered separate acts, the judge would be required to impose the longer sentence, as outlined by prosecutors.

Orea-Herrera and Roman admitted raping a 28-year-old woman who was attacked in the parking lot of an Everett Albertson’s store. Both defendants admitted repeatedly sexually assaulting the woman after she was knocked over the head with a beer bottle and pulled into their car.

After the rapes, the woman was repeatedly kicked and perhaps left for dead by her attackers when they abandoned her in a field east of Snohomish, according to court papers.

The men were linked to the attack after police viewed surveillance tapes showing them purchasing beer in the store a few minutes before the abduction. One of the men showed a driver’s license to prove he was old enough to buy alcohol, and that information was captured in store computers. After the arrest, the men waived their rights and acknowledged attacking the woman.

You can call Herald Writer Scott North at 425-339-3431

or send e-mail to north@heraldnet.com.

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