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6.05.2007

ER - Man (GARZA) sentenced to maximum penalty for statutory rape plea

Man sentenced to maximum penalty for statutory rape plea

by Kara Machado, 6/4/2007

The victim in the Nate Robin Garza statutory rape case said it would be putting it mildly to say she’s gone through hell over the past six months.

The female victim — who was 16 at the time the Dec. 20, 2006, and Jan. 5 sexual relations occurred — spoke at Garza’s sentencing Monday.

In order to protect her privacy, the victim will be referred to as “Jane Doe.”

During Monday’s sentencing, Humboldt County Superior Court Judge Timothy Cissna sentenced Garza, 22, to four years and four months in prison — with more than 386 days served — ordered Garza to register as a sex offender for life and to stay away from Doe.

It was indicated in court Monday that Garza’s sentencing was the maximum exposure he could get in prison for a plea agreement he accepted in the end of April: one count of unlawful sex with a minor — commonly referred to as statutory rape — one count of unlawful oral sex with a minor and admission of a probation violation.

During Doe’s statement in court Monday, she called Garza a predator, described him as “manipulative, lying and sneaky” and said Garza made her feel “special” in order to engage in sexual acts with her that included sodomy.

Doe added that, over the past few months, she’s been to numerous doctor and counseling appointments.

“(I’ve had) so much emotional pain in my heart for what’s happened to me, my family and my friends,” Doe said. “I still believe, and know in my heart, that Nathan is a predator.”

Doe’s mother, who stood next to Doe during Doe’s statement, said, for her, there is no sentence Garza could be punished with that would be enough.

“I told him, myself, to stay away (from Doe),” Doe’s mother said. “(Garza’s persistence) shows me that the only thing Nate Garza is concerned with is himself.”

Doe’s mother said her then-16-year-old daughter knew nothing of sodomy and that she didn’t think it was something she would have to educate her daughter about.

“When a girl tells you ‘I don’t like it; it hurts; please stop,’” Doe’s mother said, “that’s not consensual.”

Although Cissna said in court he didn’t find Garza to appear remorseful for his actions, Garza’s attorney, Humboldt County Chief Conflict Counsel Glenn Brown, said Garza “is remorseful for what he did.”

After Garza’s sentence was handed down, Cissna addressed Doe in court.

“It is hard to imagine what you’ve gone through,” Cissna said. “... Not to diminish what happened to you, (but) I want to give you confidence that you will recover.”

Cissna went on to say it showed strength on Doe’s part to face Garza in court Monday.

“Good luck to you,” Cissna told Doe.

Garza was arrested Feb. 19, almost one year after being arrested in connection with the March 2006 Whitethorn kidnapping/rape case.

Initially, Humboldt County Deputy District Attorney Jeffrey Schwartz said, Garza was charged with — and pleaded not guilty to — nine counts of felony sodomy with a person under 18, eight counts of felony unlawful sexual intercourse and two counts of oral copulation with a person under 18.

Schwartz has said, and reiterated on Monday, that “the mother and victim are satisfied with the plea.”

Schwartz referred to Garza Monday as “a menace to society.”

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