An Olympia man who was accused of raping his friend after a night of drinking has been sentenced to 60 days in jail.
Deleones J. Izquierdo, 21, appeared Monday in Thurston County Superior Court to plead guilty to fourth-degree assault with sexual motivation, which is a gross misdemeanor. He will serve 60 days in jail and one year of probation, and cannot have contact with the victim for two years.
Izquierdo was originally charged with second-degree rape, a class A felony, and could have faced prison time had he been convicted. However, the case has been mired in complications, specifically with the 20-year-old victim’s testimony. The defense also said there were inconsistencies between police reports and the victim’s recollections.
“This is the first time in 35 years of law practice that I have had a lead witness or victim in a case refuse to be recorded in an interview prior to trial,” said Randal B. Fritzler, attorney for the defendant, in a January letter to the court. “Her refusal to be put on record creates an unfair advantage for the prosecution and an unfair disadvantage for the defense.”
At Monday’s hearing, Judge James Dixon adopted a recommended sentence that was supported by both the defense and the prosecution. He also reminded the court that the allegations against Izquierdo have not been proved.
“There’s more to this case than meets the eye,” Dixon said. “When lawyers come to me with an agreed recommendation, I give great weight to that recommendation.”
In his guilty plea, Izquierdo admitted to assaulting the woman in September 2014 for the purpose of sexual gratification. He has no prior arrests or criminal history.
Court documents give the following account of the accusations:
Izquierdo and the victim, who was a longtime friend, had agreed to meet at his house to celebrate his 21st birthday. They each drank several shots of tequila throughout the evening, and she later fell asleep on his bed.
In the morning, she awoke to find Izquierdo on top of her and holding her down by the shoulders. She told deputies that the sex was violent, but that she was in a fog and didn’t feel strong enough to push him off. The emergency room doctor diagnosed her with injuries, including a partially dislocated shoulder.
She told law enforcement that she was reluctant to come forward because of Izquierdo’s position with the Washington State Patrol.
Izquierdo had recently graduated from the Washington State Patrol Arming Academy as a cadet and was working at the state Capitol Campus. The Washington State Patrol placed him on administrative leave following his arrest and eventually terminated his employment.
“He was on track to become a trooper,” said Izquierdo’s attorney at Monday’s hearing. “His career has been derailed by what he got himself into.”