EVERETT — A sex offender who raped a woman near Silver Lake in 2016 was sentenced Tuesday to nearly four decades in prison.
Daniel Miltenberger’s 38-year sentence is the least amount of time he will serve under Washington laws.
Now 29, Miltenberger won’t go free at the end of his prison term unless he can convince a state parole board he’s no longer a threat. He falls under rules governing those with repeat sex crimes. He’s been in the Snohomish County Jail since his arrest in the rape. A jury last month found him guilty of first-degree rape and burglary.
Miltenberger attacked a stranger at gunpoint at the front door to her home, just south of the city. He assaulted her, threatened to kill her and stole her backpack. Genetic evidence from the crime was linked to the 10-time felon, because his DNA already was in the law enforcement database.
Items from the woman’s backpack were found at his Everett home. It wasn’t the first time he’d shown up in a stranger’s house with a weapon.
Miltenberger faced more than 20 years in prison under state sentencing guidelines. Deputy prosecutor Bob Langbehn sought an exceptional sentence of 50 years. Defense attorneys objected.
The woman, now 25, was beaten, raped and “treated as less than human,” Langbehn said in court.
“A peace of mind to the victim and a peace of mind to society is paramount,” he said.
Public defender Jason Schwarz asked for a sentence within state guidelines. As it stands, Miltenberger could spend the rest of his life behind bars, and Schwarz said the judge should “give him a chance” to make his case someday to the state board.
Miltenberger declined to make a statement. The victim’s family had submitted their thoughts in writing, saying they supported a life sentence.
Superior Court Judge Linda Krese made note of Miltenberger’s criminal history, which started in his early teens and “frankly, continues pretty much unabated until this offense,” she said.
Now, his potential freedom will be up to the state, “sometime far in the future,” she said.