by Bob Walsh
Brian Roberto Valero, now 20, of Seattle, is by any reasonable definition a serious piece of this. Back in February he went to a party in the company of an 18-year old girl, Alyssa Mae Noceda, who had recently split from her boy friend. At the party she ingested some Percocet and concentrated THC. After that she collapsed dying in Valero's room.
Valero raped her as she lay dying from an OD, took photos and sent them to his friends. He then used her thumb to access her cell phone to send a text to indicate to her family that she had run away. He later said he raped her to pass the time. At no time did he try to get her medical assistance.
He was just sentenced to 34 MONTHS in prison, the most serious sentence that could be imposed under Washington law. The cops found her body in a storage container in his apartment.
The day after the death he went to his regular shift at Dairy Queen. I guess he didn't have time to dump the body first. One of the charges against him was unlawful disposal of human remains. The judge was apologetic to her parents, but under the sentencing guidelines she had no choice in the matter.
4 comments:
What kind of sentencing guidelines allow for only 34 months for rape?
It's a good thing we're now looking at criminal justice and sentencing reform. Maybe when they're done, they can just kick him loose.
One of the reasons for harsh sentencing for brutal crimes (such as this one) is to protect the society from the ramifications of not doing so. I guarantee you, if this were my sister or daughter, I've be waiting for this punk when he got out. Then there would have to be the cost of another trial, a burial, and the incarceration (of me), and probably for a lot longer than 34 months.
Society needs protection from guys like this, and from guys like me who will inflict our own retribution when the courts fail to do so. That's why the penalty should fit the crime.
I am GUESSING that without a live complainant it is difficult to prove that she was unwilling. She did go to his apartment willingly and apparently took the drugs herself voluntarily. He did NOT kill her, he merely let her die. It still sucks.
I hear ya Bob, but still...if she were intoxicated to the point where she lay there dying from an overdose...is consent legally possible?
I guess in the state of Washington...it is.
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