By Scott North
Herald Writer
Two Everett men suspected in the May 24 rape and kidnapping of a woman from a grocery store parking lot were in court to enter guilty pleas Friday. Then the deal broke down.
Raul Celso Orea-Herrera, 22, and Miguel R. Roman, 20, are accused of raping a 28-year-old woman who was attacked in the parking lot of an Everett Albertson’s store. Each is charged with first-degree kidnapping and two counts of first-degree rape.
Deputy prosecutor Michael Held and lawyers for both men told the judge they believed plea agreements had been reached to resolve the case without a trial.
But that understanding broke down when Held announced he wanted to amend the charges in a way that likely would have all but guaranteed the men would receive sentences of between 15 and 20 years in prison.
Defense attorney Stephen Garvey said his understanding was that the suspected rapists would have a chance of serving eight to 10 years behind bars.
The disagreement centered 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 consecutive sentences, essentially doubling the prison time.
Outside the courtroom, Held said that was always his theory of the case, and he has always threatened to file up to four counts of rape because there were multiple sexual assaults and the men acted as accomplices.
Garvey said he and public defender Rick Leo had told their clients they could try to convince the sentencing judge that the two rape charges were part of the same criminal conduct and that sentences for all charges should be served at the same time.
There is a good chance that a "prolonged and hideously ugly trial" may be necessary to resolve the case, Garvey said.
"I think it is exceedingly likely that our clients will not accept the offer where there is no hope whatsoever" of receiving a lighter sentence, he said.
The woman who was attacked was in the courtroom Friday. Prosecutors alleged both defendants admitted 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.
You can call Herald Writer Scott North at 425-339-3431
or send e-mail to north@heraldnet.com.
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