Public defender Jason Schwarz (left) directs a courtroom deputy as he and convicted violent rapist Daniel Miltenberger prepare to approach the bench during Miltenberger’s sentencing hearing in February. (Dan Bates / Herald file)

Public defender Jason Schwarz (left) directs a courtroom deputy as he and convicted violent rapist Daniel Miltenberger prepare to approach the bench during Miltenberger’s sentencing hearing in February. (Dan Bates / Herald file)

Rapist sentenced again, this time for domestic violence

Daniel Miltenberger was already serving 38 years for ambushing and sexually assaulting a stranger.

EVERETT — A man recently convicted of a 2016 rape near Silver Lake won’t serve additional time for an unrelated domestic violence offense.

Daniel Miltenberger, 30, was sentenced in February to a minimum of 38 years in prison for ambushing and sexually assaulting a stranger.

He was back before a judge this week in his other case. Before his arrest on the rape, Miltenberger was awaiting trial for violating a protection order. He was accused of having contact with his former girlfriend despite a court order to stay away. The woman told police in 2015 that Miltenberger threw a lit cigarette inside her tank top and punched her in the face.

A jury found Miltenberger guilty of the protection order violation, a felony, in March.

Snohomish County Superior Court Judge Linda Krese on Tuesday denied a motion from the defense to dismiss the case. The defense had disputed whether video evidence was provided properly through discovery.

The hearing was continued to Wednesday, when Krese sentenced Miltenberger to five years. The time for the protection order offense will be served during his rape sentence, meaning it won’t automatically extend his potential release date.

State law makes clear that, at this point, the parole board has jurisdiction over Miltenberger’s future, Krese said. Also known as the Indeterminate Sentence Review Board, its members will have access to information about all of his crimes, she said.

Miltenberger already may be facing life behind bars. Under Washington laws, he won’t go free at the end of his prison term for the rape unless he can convince the board he’s no longer a threat. That’s in part because he had a previous sex offense on his record.

Miltenberger declined to speak at Wednesday’s sentencing. His lawyer said he plans to appeal.

Prosecutors earlier had told Miltenberger they would dismiss the domestic violence case if he pleaded guilty to the rape. He went to trial instead and was convicted. Defense attorneys say by their read, the state made a promise to drop the case, and the promise should have been kept.

In February, deputy prosecutor Teresa Cox wrote that she was “not keen on dismissing additional charges with a different victim simply because he went down on something else.”

Public defender Jason Schwarz wrote that Miltenberger would have considered a plea if the allegation of domestic violence was removed. The domestic violence conviction likely will prevent Miltenberger from having overnight guests in prison, he said.

Rikki King: 425-339-3449; rking@heraldnet.com. Twitter: @rikkiking.

Talk to us

More in Local News

Members of South County Fire practice onboarding and offboarding a hovering Huey helicopter during an interagency disaster response training exercise at Arlington Municipal Airport on Tuesday, June 6, 2023, in Arlington, Washington. The crews learned about and practiced safe entry and exit protocols with crew from Snohomish County Volunteer Search and Rescue before begin given a chance to do a live training. (Ryan Berry / The Herald)
Snohomish, King counties train together for region’s next disaster

Dozens of agencies worked with aviators Tuesday to coordinate a response to a simulated earthquake or tsunami.

Police stand along Linden Street next to orange cones marking pullet casings in a crime scene of a police involved shooting on Friday, May 19, 2023 in Everett, Washington. (Olivia Vanni / The Herald)
Lake Stevens man identified in Everett manhunt, deadly police shooting

Travis Hammons, 34, was killed by officers following a search for an armed wanted man in a north Everett neighborhood.

Funko mascots Freddy Funko roll past on a conveyor belt in the Pop! Factory of the company's new flagship store on Aug. 18, 2017.  (Dan Bates / The Herald)
Lawsuit: Funko misled investors about Arizona move

A shareholder claims Funko’s decision to relocate its distribution center from Everett to Arizona was “disastrous.”

Lynnwood
1 stabbed at apartment in Lynnwood

The man, 26, was taken to an Everett hospital with “serious injuries.”

A firefighting helicopter carries a bucket of water from a nearby river to the Bolt Creek Fire on Saturday, Sep. 10, 2022, on U.S. Highway 2 near Index, Washington. (Ryan Berry / The Herald)
Red flag fire warning issued west of Cascades

There are “critical fire weather” conditions due to humidity and wind in the Cascades, according to the National Weather Service.

A house fire damaged two homes around 1:30 a.m. Tuesday, June 6, 2023 in Marysville, Washington. (Photo provided by Marysville Fire District)
Fire burns 2 homes in Marysville, killing 2 dogs

Firefighters responded to a report of a fire north of Lakewood Crossing early Tuesday, finding two houses engulfed in flames.

Logo for news use featuring the municipality of Mountlake Terrace in Snohomish County, Washington. 220118
Mountlake Terrace eyes one-time projects for $2.4M in federal funds

Staff recommended $750,000 for a new roof and HVAC at the library, $250,000 toward a nonprofit facility in Lynnwood and more.

The Snohomish River turns along the edge of the Bob Heirman Wildlife Preserve at Thomas’ Eddy on Wednesday, May 3, 2023 in Snohomish, Washington. (Olivia Vanni / The Herald)
To build a healthier Snohomish River, more log jams

About $2.8M in grants will help engineer log jams, tear down levees and promote salmon restoration at Bob Heirman Wildlife Preserve.

Dave "Bronco" Erickson stands next to the pink-and-purple 1991 Subaru Justy hatchback “Pork Chop Express” car that he is seeking to re-home for $500. The car has been on Whidbey Island for years, mainly as yard art. (Andrea Brown / The Herald)
For sale: Whidbey’s fabled ‘Pork Chop Express’ gets great smileage

Asking price is $500 for the 1991 Subaru Justy, a three-cylinder econobox with 65K miles and a transmission as rare as hen’s teeth.

Most Read