Crime

Thurston County man’s rape charge dismissed, but gets 10 years for guns and drugs

A Thurston County man was sentenced to 10 years in prison for drug and gun charges after initially facing a life sentence over rape accusations.

Following his arrest in March 2013, Daniel J. Kearney was charged with 11 felonies, including first-degree rape and first-degree kidnapping.

A woman told Thurston County Sheriff’s Office detectives that she had met up with Kearney and another man for a heroin deal, but said the men drove her to a home off Boston Harbor Road in Olympia, tied her up and sexually assaulted her, according to court documents.

Upon searching Kearney’s residence, detectives found three handguns, a shotgun, a large plastic tub filled with methamphetamine, and a large amount of marijuana bagged for sale, according to charging documents.

The rape and kidnapping charges were dismissed through a “negotiated resolution,” according to prosecutors, who noted the alleged victim is undergoing her own drug-related legal issues. Court documents show the defense was able to discredit the victim’s rape accusations.

Kearney, 42, pleaded guilty Monday to three counts of unlawful possession of a firearm and one count of unlawful possession of a controlled substance with intent to deliver.

If he had been found guilty of the rape charge, Kearney could have faced life imprisonment because of a 1991 rape conviction, according to court documents. Kearney will serve 10 years in prison along with one year of community custody, according to the sentence approved Monday in Thurston County Superior Court by Judge Anne Hirsch.

Kearney has denied the rape accusations “from day one” and has been in solitary confinement for the past 20 months, said public defender Robert Quillian during Monday’s hearing. Kearney’s attorney unsuccessfully pushed for a lighter sentence of 71/2 years.

At Monday’s hearing, Kearney apologized to the public for selling drugs and for having a negative impact on society. Kearney has an extensive criminal history, including a the 1991 conviction and six felony drug offenses.

“Selling drugs creates a lot of other crimes. I realize that and I am sorry. I will never do it again,” Kearney said Monday.

Kearney also told the court that he has been in and out of prison his entire life, and wants to learn a skill to “become a better member of the community.”

“It’s hard to get a job in this community without a criminal history, and with (a criminal history), it’s even harder,” he said.

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