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10.28.2006

ER - Defendant withdraws release request

Defendant withdraws release request
by Christine Bensen-Messinger, 8/22/2006

Gregory Donald Scheider withdrew his request to be released on his own recognizance prior to his sentencing, which is scheduled to take place in mid-September.

Scheider, 31, along with Levi Cole Garza and his brother Nate Robin Garza, both 21, and Deshawn Lee Moore, 32, all pleaded guilty earlier this month to a variety of charges in connection with accusations that they kidnapped and raped a woman in Whitethorn in March. As part of a plea deal, the four men agreed to take lie detector tests.

“Three came back in their favor and one came back inconclusive,” said Humboldt County Deputy District Attorney Jeffrey Schwartz, adding that Scheider’s were inconclusive.

The four men each had charges against them dropped as part of a deal with the Humboldt County District Attorney’s Office.

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, 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.

The sex-related charges were dropped against all four men when their polygraph results came in.

The Garza brothers and Moore appeared in court Friday for their OR hearing.

At the beginning of the proceeding, Kenneth Bareilles — attorney for Levi Garza — told Humboldt County Superior Court Judge Christopher Wilson that his client had since decided he did not want to be released on OR.

Wilson denied the requests of the other two.

Scheider, Nate Garza and Moore are facing a maximum of three years in state prison. Levi Garza is facing five years 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.

(Kara D. Machado contributed to this story.)
Copyright (C) 2005, The Eureka Reporter. All rights reserved.

Update:
Sentencing continued in statutory rape trial 5/21/2007

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