EUREKA — The four men who are accused of holding a woman in their Whitethorn home in March and repeatedly raping her entered guilty pleas to some charges Monday, but their exact sentences won’t be determined until after each are polygraphed.
Nate Robin Garza, 21, Levi Cole Garza, 21, Deshawn Lee Moore, 32, and Gregory Donald Scheider, 31, were arrested within a week of the crime being reported.
[Humboldt County] Deputy District Attorney Jeff Schwartz said the concerns of the victim was a “big factor” in his decision to offer the plea agreements.
”There’s was a lot of consultation with the rape victim,” Schwartz said.
The victim testified at the preliminary hearing, but didn’t want to go through recounting the crimes in public again, Schwartz said.
Depending on the results of the yet-to-be-scheduled lie detector tests and a judge’s decision, the sentences for Nate Garza, Moore and Scheider can be up to five years in prison.
If the results of the tests are not in the three men’s favor they will be sentenced on a rape in concert charge and be sentenced to five years. They will also have a strike on their record and have to register as sex offenders wherever they live for the rest of their lives.
If the results of the tests are in their favor, the men will be sentenced on a false imprisonment charge and a judge can sentence them up to three years in prison, Schwartz said.
Levi Garza can be sentenced on kidnapping, false imprisonment and a marijuana trafficking charge if the test is favorable for him. A judge will then determine his sentence, ranging from three to eight years.
If the test is not favorable for him, he will be sentenced to five years and eight months on a rape charge, have a strike on his record and have to register as a sex offender.
The four were held to answer to various charges after a preliminary hearing in April.
Levi Garza was held to answer to a kidnapping charge, rape and false imprisonment. His brother, Nate Garza, was held to answer to a kidnapping charge, attempted oral copulation, rape and sodomy.
Moore was held to answer to rape, attempted oral copulation and sodomy.
Scheider was held to answer to rape, sodomy and possession of a controlled substance.
The polygraph is being conducted by District Attorney Investigator Jim Dawson.
”Our office is very confident in Jim Dawson to do this,” Schwartz said. “Everyone will accept his results.”
Dawson is out of town until July 24, and the next hearing is scheduled for July 26. Schwartz said he doesn’t think the results of the tests will be ready by the court date but there is a possibility.
In 1998 the United States Supreme Court ruled that the decision to allow polygraphs as evidence is up to the individual judge.
A polygraph, or lie detector, measures the body’s involuntary responses to questions. Generally, the polygraph measures reactions from the respiratory, cardiovascular and sweat gland systems.
Update:
Sentencing continued in statutory rape trial 5/21/2007
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