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.”
Copyright (C) 2005, The Eureka Reporter. All rights reserved.
Showing posts with label Garza. Show all posts
Showing posts with label Garza. Show all posts
5.22.2007
ER - Sentencing continued in statutory rape trial
Sentencing continued in statutory rape trial
by Kara Machado, 5/21/2007
Nate Robin Garza’s sentencing was continued Monday in order for his attorney to properly communicate Garza’s probation report to him.
Garza’s attorney, Humboldt County Chief Conflict Counsel Glenn Brown, initially told Humboldt County Superior Court Judge Timothy Cissna on Monday that he was requesting a one-week continuance for a couple of reasons.
One of the reasons, Brown said, is that the defense “received the probation report and I did go over (to the jail) to discuss it with Mr. Garza.”
“He had received a copy, but could not read it,” Brown said.
For more than an hour one day, Brown said he slowly read a portion of the report but could not finish it.
Due to Brown’s other new cases, he said, he has not had time to go back and finish reading the report to Garza so Garza could fully understand it.
Also, Brown said he has received several letters written in support of Garza.
Due to a conflict with Humboldt County Deputy District Attorney Jeffrey Schwartz’s schedule, Cissna ultimately continued Garza’s sentencing until June 4.
Garza was arrested Feb. 19, almost one year after being arrested in connection with the March 2006 Whitethorn kidnapping/rape case.
His recent case stems from “consensual” sexual relations with a then-16-year-old girl — referred to as “Jane Doe” — between Dec. 20, 2006, and Jan. 5, Schwartz said.
Initially, 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.
At the end of April, Garza, 22, accepted a plea agreement on new crimes that ultimately violated probation he received from the Whitethorn case.
Schwartz said Garza pleaded guilty to one count of unlawful sex with a minor — “which is commonly known as statutory rape” — one count of unlawful oral sex with a minor and also admitted his probation violation.
When sentenced, Schwartz said, Garza faces a maximum prison sentence of “four years, four months” or a “minimum penalty of probation.”
At Monday’s proceedings, Kenneth Campbell, an uncle of Doe’s, spoke before the court, as he was not able to return to speak at the continued sentencing date. He asked Doe to leave the courtroom prior to speaking.
An emotional Campbell said Doe was “very open” about what occurred between her and Garza and described Garza as “a danger to society, particularly to females.”
“Mr. Garza would humiliate (Doe) to lower her self-esteem to satisfy his perverted sexual desires,” Campbell said. “Even after (she) said she didn’t like anal sex (he continued).
“He would pull on her hair while sodomizing her, relishing in her pain.”
Campbell — who said Garza has not taken responsibility for his actions, blaming the sexual occurrences on Doe’s wanting — said the most recent exam conducted on Doe last week showed bleeding in her rectum.
Campbell pleaded for the court to “protect society” by sending Garza to prison and to have him additionally register as a sex offender.
Cissna thanked Campbell for his statements and told Brown and Schwartz to give him written points and authorities by Friday with regard to why or why not Garza should register as a sex offender and what, if any, restitution should be given to those other than the victim.
A third issue, with regard to rejecting the plea, was dropped from the points and authorities request because — although probation recommended rejecting the plea, Cissna said in court — Schwartz said he spoke with the victim’s family last week and they are “behind the deal” and “just want to move on with their lives.”
“The mother and victim are satisfied with the plea,” Schwartz said. “The probation department didn’t have the most recent information at the time the report was written as to the recent feeling of the victim and her mother.”
Copyright (C) 2005, The Eureka Reporter. All rights reserved.
by Kara Machado, 5/21/2007
Nate Robin Garza’s sentencing was continued Monday in order for his attorney to properly communicate Garza’s probation report to him.
Garza’s attorney, Humboldt County Chief Conflict Counsel Glenn Brown, initially told Humboldt County Superior Court Judge Timothy Cissna on Monday that he was requesting a one-week continuance for a couple of reasons.
One of the reasons, Brown said, is that the defense “received the probation report and I did go over (to the jail) to discuss it with Mr. Garza.”
“He had received a copy, but could not read it,” Brown said.
For more than an hour one day, Brown said he slowly read a portion of the report but could not finish it.
Due to Brown’s other new cases, he said, he has not had time to go back and finish reading the report to Garza so Garza could fully understand it.
Also, Brown said he has received several letters written in support of Garza.
Due to a conflict with Humboldt County Deputy District Attorney Jeffrey Schwartz’s schedule, Cissna ultimately continued Garza’s sentencing until June 4.
Garza was arrested Feb. 19, almost one year after being arrested in connection with the March 2006 Whitethorn kidnapping/rape case.
His recent case stems from “consensual” sexual relations with a then-16-year-old girl — referred to as “Jane Doe” — between Dec. 20, 2006, and Jan. 5, Schwartz said.
Initially, 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.
At the end of April, Garza, 22, accepted a plea agreement on new crimes that ultimately violated probation he received from the Whitethorn case.
Schwartz said Garza pleaded guilty to one count of unlawful sex with a minor — “which is commonly known as statutory rape” — one count of unlawful oral sex with a minor and also admitted his probation violation.
When sentenced, Schwartz said, Garza faces a maximum prison sentence of “four years, four months” or a “minimum penalty of probation.”
At Monday’s proceedings, Kenneth Campbell, an uncle of Doe’s, spoke before the court, as he was not able to return to speak at the continued sentencing date. He asked Doe to leave the courtroom prior to speaking.
An emotional Campbell said Doe was “very open” about what occurred between her and Garza and described Garza as “a danger to society, particularly to females.”
“Mr. Garza would humiliate (Doe) to lower her self-esteem to satisfy his perverted sexual desires,” Campbell said. “Even after (she) said she didn’t like anal sex (he continued).
“He would pull on her hair while sodomizing her, relishing in her pain.”
Campbell — who said Garza has not taken responsibility for his actions, blaming the sexual occurrences on Doe’s wanting — said the most recent exam conducted on Doe last week showed bleeding in her rectum.
Campbell pleaded for the court to “protect society” by sending Garza to prison and to have him additionally register as a sex offender.
Cissna thanked Campbell for his statements and told Brown and Schwartz to give him written points and authorities by Friday with regard to why or why not Garza should register as a sex offender and what, if any, restitution should be given to those other than the victim.
A third issue, with regard to rejecting the plea, was dropped from the points and authorities request because — although probation recommended rejecting the plea, Cissna said in court — Schwartz said he spoke with the victim’s family last week and they are “behind the deal” and “just want to move on with their lives.”
“The mother and victim are satisfied with the plea,” Schwartz said. “The probation department didn’t have the most recent information at the time the report was written as to the recent feeling of the victim and her mother.”
Copyright (C) 2005, The Eureka Reporter. All rights reserved.
4.05.2007
ER - Garza jailed on sex charges
This article is posted here as supplemental background material. For discussion and more information visit watchpaul.blogspot.com.
***
Garza jailed on sex charges
by Kara D. Machado, 4/5/2007
Almost one year after being arrested in the March 2006 Whitethorn kidnapping/rape case, one of the defendants was arrested on numerous felony charges involving his alleged sexual relations with a 16-year-old girl.
Nate Robin Garza, 22 — who is in custody — was not brought in to Humboldt County Superior Court Judge Timothy Cissna’s courtroom Monday for a pretrial conference hearing in connection to the new case, court documents indicate.
However, Garza’s attorney, Humboldt County Chief Conflict Counsel Glenn Brown, appeared on Garza’s behalf.
At Monday’s hearing, court documents indicate, “the matter (remained) set” with regard to Garza’s case, slated for jury trial on May 7.
As of Wednesday, court documents indicate that Garza is currently charged with — and has 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.
Court documents indicate the sexual acts occurred between Dec. 20 and Jan. 5.
Brown was also not available at the end of business day Wednesday to comment on his client’s case.
On Wednesday, Humboldt County Deputy District Attorney Jeffrey Schwartz, who is prosecuting the case, said, “Basically, the charges (against Garza) are based on statutory rape” and that Garza and the alleged victim “were kind of going out.”
Schwartz said the case was brought to light after an adult caught Garza and the alleged victim having some sort of sexual relations; after the alleged victim’s mother was told by the adult; after the alleged victim confirmed the acts; and after the alleged victim’s mother reported Garza to authorities.
“We take these cases seriously,” Schwartz said. “It’s consensual sex with a 16-year-old, but the bottom line is if you’re an adult and having sex with a minor, it’s a crime.
“The classic term (for having sex with a minor) has been jail bait and if you’re having sex with a minor, you go to jail.”
Schwartz said people under the age of 18 are “not mature enough to be dealing with adults and the older the adult, the more serious we take (the case).”
“(Garza’s) 22 and she’s 16 and we’re trying to take a zero tolerance at this,” Schwartz said. “If you’re under 18, you cannot legally give consent.
“Although this is not as serious as forcible rape, we have a law because people under 18 are not mature enough, and we’re seeing a lot of cases like this lately and we’re just not going to tolerate it. Some people think ‘it’s not a big deal’ and that’s not the right attitude.”
According to court documents, Garza was arrested by Humboldt County Sheriff’s Detective Marvin Kirkpatrick on Feb. 19.
After Garza’s approximately hourlong March 7 preliminary hearing — at which only Kirkpatrick testified — a judge found sufficient evidence to bind Garza over for trial on all 19 counts, court documents indicate.
In September, Garza was sentenced to three years of formal, supervised probation for a plea agreement of false imprisonment he accepted with two other defendants with regard to the Whitethorn kidnapping rape case.
Garza’s twin brother was sentenced to eight years in state prison for a plea agreement of false imprisonment, kidnapping and marijuana trafficking he accepted in connection to his involvement in the Whitethorn case.
The four men were initially accused of kidnapping and raping a woman in Whitethorn in March after a debt to Garza’s brother was not paid.
According to past testimony, the Whitethorn victim claimed she was kidnapped for two days and tied to a tree in Whitethorn for 24 hours.
Schwartz said, Garza is “probably looking at (a maximum sentence of) five years, eight months” in state prison should he be convicted of the fresh charges and is held accountable for his probation violation.
“The new case is a violation of his probation because one of his terms is to obey all laws and he’s not doing a very good job on that,” Schwartz said. “(The two cases — involving the fresh charges and the probation violation) will probably be dealt with at the same time.”
Copyright (C) 2005, The Eureka Reporter. All rights reserved.
Update:
Sentencing continued in statutory rape trial 5/21/2007
***
Garza jailed on sex charges
by Kara D. Machado, 4/5/2007
Almost one year after being arrested in the March 2006 Whitethorn kidnapping/rape case, one of the defendants was arrested on numerous felony charges involving his alleged sexual relations with a 16-year-old girl.
Nate Robin Garza, 22 — who is in custody — was not brought in to Humboldt County Superior Court Judge Timothy Cissna’s courtroom Monday for a pretrial conference hearing in connection to the new case, court documents indicate.
However, Garza’s attorney, Humboldt County Chief Conflict Counsel Glenn Brown, appeared on Garza’s behalf.
At Monday’s hearing, court documents indicate, “the matter (remained) set” with regard to Garza’s case, slated for jury trial on May 7.
As of Wednesday, court documents indicate that Garza is currently charged with — and has 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.
Court documents indicate the sexual acts occurred between Dec. 20 and Jan. 5.
Brown was also not available at the end of business day Wednesday to comment on his client’s case.
On Wednesday, Humboldt County Deputy District Attorney Jeffrey Schwartz, who is prosecuting the case, said, “Basically, the charges (against Garza) are based on statutory rape” and that Garza and the alleged victim “were kind of going out.”
Schwartz said the case was brought to light after an adult caught Garza and the alleged victim having some sort of sexual relations; after the alleged victim’s mother was told by the adult; after the alleged victim confirmed the acts; and after the alleged victim’s mother reported Garza to authorities.
“We take these cases seriously,” Schwartz said. “It’s consensual sex with a 16-year-old, but the bottom line is if you’re an adult and having sex with a minor, it’s a crime.
“The classic term (for having sex with a minor) has been jail bait and if you’re having sex with a minor, you go to jail.”
Schwartz said people under the age of 18 are “not mature enough to be dealing with adults and the older the adult, the more serious we take (the case).”
“(Garza’s) 22 and she’s 16 and we’re trying to take a zero tolerance at this,” Schwartz said. “If you’re under 18, you cannot legally give consent.
“Although this is not as serious as forcible rape, we have a law because people under 18 are not mature enough, and we’re seeing a lot of cases like this lately and we’re just not going to tolerate it. Some people think ‘it’s not a big deal’ and that’s not the right attitude.”
According to court documents, Garza was arrested by Humboldt County Sheriff’s Detective Marvin Kirkpatrick on Feb. 19.
After Garza’s approximately hourlong March 7 preliminary hearing — at which only Kirkpatrick testified — a judge found sufficient evidence to bind Garza over for trial on all 19 counts, court documents indicate.
In September, Garza was sentenced to three years of formal, supervised probation for a plea agreement of false imprisonment he accepted with two other defendants with regard to the Whitethorn kidnapping rape case.
Garza’s twin brother was sentenced to eight years in state prison for a plea agreement of false imprisonment, kidnapping and marijuana trafficking he accepted in connection to his involvement in the Whitethorn case.
The four men were initially accused of kidnapping and raping a woman in Whitethorn in March after a debt to Garza’s brother was not paid.
According to past testimony, the Whitethorn victim claimed she was kidnapped for two days and tied to a tree in Whitethorn for 24 hours.
Schwartz said, Garza is “probably looking at (a maximum sentence of) five years, eight months” in state prison should he be convicted of the fresh charges and is held accountable for his probation violation.
“The new case is a violation of his probation because one of his terms is to obey all laws and he’s not doing a very good job on that,” Schwartz said. “(The two cases — involving the fresh charges and the probation violation) will probably be dealt with at the same time.”
Copyright (C) 2005, The Eureka Reporter. All rights reserved.
Update:
Sentencing continued in statutory rape trial 5/21/2007
3.10.2007
TS - “Rape sentencing awaiting polygraph results”:
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
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
Subject: Rape/Kidnap Arrests
Press Release Humboldt County Sheriff's Office
Date Released: 3/17/2006
Subject: Rape/Kidnap Arrests
Contact: Brenda Godsey, PIO
Case No#: 200601525
Released By: Brenda Godsey
Location: Redway/Whitethorn
Humboldt County Sheriff’s Deputies arrested three men in Southern Humboldt yesterday in connection with a kidnapping and rape that was reported on March 13, 2006. The investigation led to four suspects. One of the suspects was already in custody on unrelated matters.
Thursday morning, deputies from the Sheriff’s Garberville Station, Special Enforcement Team (SWAT), Criminal Investigation Division, and Drug Enforcement Unit were en route to serve a search warrant for this case at a residence on Gibson Creek Road in Whitethorn. As they were traveling, deputies saw driving past them, one of the suspects.
Deputies turned around and initiated a car stop. The driver, Levi Cole Garza, 21 of Whitethorn, pulled over and was taken into custody without incident.
At the same time, other deputies were watching a second suspect’s vehicle at a residence in Redway. The owner of the car, Nate Robin Garza, 21 of Whitethorn (and Levi’s brother) left the Redway residence and was stopped by deputies. He was also arrested without incident.
Deputies continued to the Garza brothers’ Whitethorn residence on Gibson Creek Road to serve the search warrant. Once there, deputies found a small indoor marijuana growing operation and several pounds of processed marijuana.
As the Whitethorn residence was being processed for evidence, deputies continued to look for the third outstanding suspect in the rape and kidnapping case.
Sheriff’s Deputies, who were on foot searching for the suspect, flagged down a car driving near the Garza residence. They found the third suspect, Gregory Donald Scheider, 31 of Whitethorn, riding inside the car. He was also taken into custody without incident.
In summary, the four suspects and their charges are as follows:
Levi Cole Garza: Kidnapping, Torture, Threatening with the intent to Terrorize.
Bail is $500,000
Nate Robin Garza: Kidnapping, Rape, Torture.
Bail: $500,000
Gregory Donald Scheider: Kidnapping, Rape, Torture, Sodomy.
Bail: $500,000
Deshawn Lee Moore (who was already in custody on unrelated charges): Kidnapping, Rape, Torture, Sodomy.
Bail: $500,000
All four men are expected to be arraigned on Monday. No other details regarding the sexual assault can be released due to the confidential nature of the case.
Update:
Sentencing continued in statutory rape trial 5/21/2007
Date Released: 3/17/2006
Subject: Rape/Kidnap Arrests
Contact: Brenda Godsey, PIO
Case No#: 200601525
Released By: Brenda Godsey
Location: Redway/Whitethorn
Humboldt County Sheriff’s Deputies arrested three men in Southern Humboldt yesterday in connection with a kidnapping and rape that was reported on March 13, 2006. The investigation led to four suspects. One of the suspects was already in custody on unrelated matters.
Thursday morning, deputies from the Sheriff’s Garberville Station, Special Enforcement Team (SWAT), Criminal Investigation Division, and Drug Enforcement Unit were en route to serve a search warrant for this case at a residence on Gibson Creek Road in Whitethorn. As they were traveling, deputies saw driving past them, one of the suspects.
Deputies turned around and initiated a car stop. The driver, Levi Cole Garza, 21 of Whitethorn, pulled over and was taken into custody without incident.
At the same time, other deputies were watching a second suspect’s vehicle at a residence in Redway. The owner of the car, Nate Robin Garza, 21 of Whitethorn (and Levi’s brother) left the Redway residence and was stopped by deputies. He was also arrested without incident.
Deputies continued to the Garza brothers’ Whitethorn residence on Gibson Creek Road to serve the search warrant. Once there, deputies found a small indoor marijuana growing operation and several pounds of processed marijuana.
As the Whitethorn residence was being processed for evidence, deputies continued to look for the third outstanding suspect in the rape and kidnapping case.
Sheriff’s Deputies, who were on foot searching for the suspect, flagged down a car driving near the Garza residence. They found the third suspect, Gregory Donald Scheider, 31 of Whitethorn, riding inside the car. He was also taken into custody without incident.
In summary, the four suspects and their charges are as follows:
Levi Cole Garza: Kidnapping, Torture, Threatening with the intent to Terrorize.
Bail is $500,000
Nate Robin Garza: Kidnapping, Rape, Torture.
Bail: $500,000
Gregory Donald Scheider: Kidnapping, Rape, Torture, Sodomy.
Bail: $500,000
Deshawn Lee Moore (who was already in custody on unrelated charges): Kidnapping, Rape, Torture, Sodomy.
Bail: $500,000
All four men are expected to be arraigned on Monday. No other details regarding the sexual assault can be released due to the confidential nature of the case.
Update:
Sentencing continued in statutory rape trial 5/21/2007
12.14.2006
NCJ - Whitethorn PLEA BARGAIN
PLEA BARGAIN: Four men charged in the alleged kidnapping, rape, sodomy and false imprisonment of a woman in Whitethorn have agreed to a conditional plea bargain offered by the Humboldt County District Attorney's office. The men — 21-year-old brothers Levi Cole Garza and Nate Robin Garza, 31-year-old Gregory Donald Scheider and 32-year-old Deshawn Lee Moore — have faced the charges since mid-March, following an incident that allegedly took place over three days, March 7, 8 and 9.
According to reports, the woman testified during a prolonged preliminary hearing that during the ordeal she was tied to a tree overnight, threatened she would be shot with a rifle, taken indoors and tied down and raped by three of the men — all allegedly in retribution for her role involving a $6,000 drug-related debt.
The trial had been set for this month. But Deputy District Attorney Jeffrey Schwartz said on Tuesday that all four of the accused men agreed to plead guilty to several charges. All four plead guilty to "rape in concert" — less delicately known as gang rape — and to false imprisonment. Levi Garza additionally plead guilty to kidnapping and marijuana trafficking. All four men "insist the sexual part didn't happen," said Schwartz. And so, as part of the plea bargain, they will take lie detector tests.
"What makes this case unusual is that we're going to rely on the lie detector," he said. Lie detectors are not considered reliable in the courtrroom, but they are "a tool we use" in other arenas, such as plea bargaining, said Schwartz. He said he has faith in lie detector tests, and that the county's polygrapher, Jim Dawson, is "one of the best in the state."
If the case had gone to trial, Levi Garza was facing a maximum sentence of life in prison because of the "kidnap for sexual assault" charge. "Realistically, I didn't see that" happening, Schwartz said. "We had some proof problems — was it a kidnapping, or was it not a kidnapping?" The evidence for false imprisonment — tying her up — is more clear, he said. It carries a lesser sentence. And, if a trial jury had found the men guilty of rape in concert, the maximum sentence they would have faced is nine years. Under the plea bargain, depending on the lie detector test results, here's what could happen:
If the lie detector says the men are telling the truth — that they didn't rape the woman — then the rape-in-concert guilty plea will be dropped. Three of the men would then face five years in state prison (85 percent of which they would have to serve), a strike under the three strikes law, and life-time sex-offender registration for the false imprisonment guilty plea. Levi Garza would get the strike, life-time sex offender registration, and up to eight years in state prison.
Schwartz said the difference in sentencing, between a trial and plea bargain, in this case likely would not have been very significant because he didn't know if they'd be able to prove the kidnapping charge. But, he said, "the bottom line is, this whole arrangement is driven by the wishes of the victim. She states that she was tied up and raped by three men in a living room. She would have to go over that humiliating experience in telling that to the jury. She doesn't want to do that." She has already had to tell her story numerous times, he added, "and her emotional level is high."
— Heidi Walter
Update:
Sentencing continued in statutory rape trial 5/21/2007
According to reports, the woman testified during a prolonged preliminary hearing that during the ordeal she was tied to a tree overnight, threatened she would be shot with a rifle, taken indoors and tied down and raped by three of the men — all allegedly in retribution for her role involving a $6,000 drug-related debt.
The trial had been set for this month. But Deputy District Attorney Jeffrey Schwartz said on Tuesday that all four of the accused men agreed to plead guilty to several charges. All four plead guilty to "rape in concert" — less delicately known as gang rape — and to false imprisonment. Levi Garza additionally plead guilty to kidnapping and marijuana trafficking. All four men "insist the sexual part didn't happen," said Schwartz. And so, as part of the plea bargain, they will take lie detector tests.
"What makes this case unusual is that we're going to rely on the lie detector," he said. Lie detectors are not considered reliable in the courtrroom, but they are "a tool we use" in other arenas, such as plea bargaining, said Schwartz. He said he has faith in lie detector tests, and that the county's polygrapher, Jim Dawson, is "one of the best in the state."
If the case had gone to trial, Levi Garza was facing a maximum sentence of life in prison because of the "kidnap for sexual assault" charge. "Realistically, I didn't see that" happening, Schwartz said. "We had some proof problems — was it a kidnapping, or was it not a kidnapping?" The evidence for false imprisonment — tying her up — is more clear, he said. It carries a lesser sentence. And, if a trial jury had found the men guilty of rape in concert, the maximum sentence they would have faced is nine years. Under the plea bargain, depending on the lie detector test results, here's what could happen:
If the lie detector says the men are telling the truth — that they didn't rape the woman — then the rape-in-concert guilty plea will be dropped. Three of the men would then face five years in state prison (85 percent of which they would have to serve), a strike under the three strikes law, and life-time sex-offender registration for the false imprisonment guilty plea. Levi Garza would get the strike, life-time sex offender registration, and up to eight years in state prison.
Schwartz said the difference in sentencing, between a trial and plea bargain, in this case likely would not have been very significant because he didn't know if they'd be able to prove the kidnapping charge. But, he said, "the bottom line is, this whole arrangement is driven by the wishes of the victim. She states that she was tied up and raped by three men in a living room. She would have to go over that humiliating experience in telling that to the jury. She doesn't want to do that." She has already had to tell her story numerous times, he added, "and her emotional level is high."
— Heidi Walter
Update:
Sentencing continued in statutory rape trial 5/21/2007