CHARGES DROPPED IN RAPE CASE
by Christine Bensen-Messinger, 8/16/2006
The four men accused of kidnapping and raping a woman in Whitethorn in March have each had charges against them dropped as part of a deal with the Humboldt County District Attorney’s Office.
The men — Levi Cole Garza and his brother Nate Robin Garza, both 21, Gregory Donald Scheider, 31, and Deshawn Lee Moore, 32 — pleaded guilty to a variety of charges earlier this month. As part of a plea deal, the four men have agreed to take the lie detector tests.
“Three came back in their favor and one came back inconclusive,” said Humboldt County Deputy District Attorney Jeffrey Schwartz.
As a result, he said all four men will have the sex offense charges against them dropped.
Originally, Levi was charged with kidnapping with the intent to commit robbery or rape, conspiracy to sexually assault, sodomy in concert and possession of marijuana for sale.
Nate was charged with kidnapping with the intent to commit robbery or rape, conspiracy to sexually assault, unlawful oral copulation and sodomy in concert.
Scheider was charged with kidnapping with the intent to commit robbery or rape, conspiracy to sexually assault, sodomy in concert and unlawful possession of a specified controlled substance.
Moore was charged with kidnapping with the intent to commit robbery or rape, conspiracy to sexually assault, unlawful oral copulation and sodomy in concert.
As part of the plea, Humboldt County Deputy District Attorney Jeff Schwartz said Nate, Scheider and Moore pleaded guilty to rape in concert and false imprisonment.
“Levi Garza (pleaded) guilty to both those charges, as well as kidnapping and marijuana trafficking,” Schwartz said.
On Wednesday afternoon, Humboldt County Superior Court Judge Christopher Wilson dismissed the sex charges against the men and requested that the information be forwarded to the probation department for a sentencing recommendation.
Eureka-based attorney Neal Sanders, who is representing Nate, requested that he be released on his own recognizance prior to sentencing; attorneys for the other defendants asked for the same for their clients.
The men who were arrested March 16 have been incarcerated since.
“This case was not as originally advertised,” Sanders said.
“I know they have family members (and) I know they have ties to the community,” Wilson said.
But, he said, even without the sexual assault charges, the other charges the men pleaded guilty to are “egregious,” and he thinks they “place a danger to the community.”
Nate, Levi and Moore are scheduled to be in court Friday for a hearing about being released on their own recognizance. Scheider’s hearing is scheduled for Monday.
Most likely, Wilson said, he will deny the request for releasing them prior to sentencing.
All the men are facing time in state prison.
The men are scheduled to be sentenced on Sept. 13, at 2 p.m., in the Humboldt County Courthouse in courtroom three.
Copyright (C) 2005, The Eureka Reporter. All rights reserved.
Update:
Sentencing continued in statutory rape trial 5/21/2007
No comments:
Post a Comment