An Everett man pleaded guilty Friday to child rape in connection with the abduction of a 9-year-old girl who was taken from a south Everett bus stop in January 2000.
Shane Allen Herzog, 29, in February was linked to the attack through genetic evidence, deputy prosecutor George Appel said in court documents.
Herzog pleaded guilty to two counts of first-degree child rape and one count of first-degree child molestation. Appel said he plans to ask Snohomish County Superior Court Judge George Bowden to give Herzog more than 17 years in prison when he’s sentenced Oct. 28.
On Friday, Appel came to Snohomish County Superior Court armed with paperwork and an argument seeking a change in the charges. Appel was prepared to argue that he should be allowed to add aggravating factors to the charges and let a jury decide if Herzog committed them.
Because of Herzog’s plea, Appel didn’t need to seek the aggravating factors.
If a jury agreed that Herzog was guilty of the aggravating activities, a judge could have sentenced him to a prison term beyond the standard range.
Prosecutors have complained that their hands have been tried since a U.S. Supreme Court ruling struck down part of the state’s sentencing structure. Judges used to decide if aggravating factors were present and then could impose a higher sentence.
The high court, however, said a jury must make that determination.
It’s still unknown whether judges will allow juries to determine if there are special circumstances that merit more time behind bars.
Appel charged that Herzog lay in wait near a school bus stop used by elementary school children. He seized the girl, forced her into his car and drove her around the area. He sexually assaulted her in numerous locations and in several ways, Appel charged.
Herzog remained at large for four years until the Washington State Patrol Crime Lab matched DNA recovered from the crime to his known DNA, Appel said.
The incident forced people associated with Lake Stickney Elementary School into a crisis because the attacker had not been captured and other children were vulnerable, he said.
“It was an emotionally trying time,” Appeal said in court papers.
The girl was held for captive for more than four hours before she was released.
The break in the case came when Herzog was convicted of an unrelated drug charge and was required under state law to provide a DNA sample.
His genetic profile was added to the state’s DNA database, and scientists matched his with the attack on the girl on Feb. 12.
Reporter Jim Haley: 425-339-3447 or haley@heraldnet.com.
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