- Date of Crime: 2006-05-26
- Location of crime:
- Hometown: Mandan, ND
- Sex: F
- Age: 14
Angel Gabriel Loria-Tamayo
- Sex: M
- Arrest Status: convicted
- Nationality: Mexico
As reported by Jenny Michael:
A district court judge has sentenced an illegal immigrant to 10 years in prison for gross sexual imposition.
South Central District Court Judge David Reich sentenced Angel Gabriel Loria-Tamayo, 22, to 10 years in the department of corrections on Friday. Reich also ordered Loria-Tamayo to pay fees of $1,050.
After he serves his sentence, Loria-Tamayo will be deported to Mexico, Morton County Assistant State's Attorney Brian Grosinger said.
Loria-Tamayo pleaded guilty on Aug. 21 to gross sexual imposition. He had been charged with the Class AA felony in connection with the rape of a 14-year-old Mandan girl on May 26.
Estanislado Jilpas-Tamez, 18, is a co-defendant in the case. He pleaded not guilty to Class Afelony gross sexual imposition on Aug. 21. He is slated to stand trial for the charge on Dec. 12.
Loria-Tamayo is an illegal immigrant from Mexico, according to Mandan police. Jilpas-Tamez is a legal citizen from Illinois, police say.
Jilpas-Tamez was only charged with a Class A felony rather than a Class AA felony because he was only four years older than the alleged victim.
Grosinger said Loria-Tamayo claimed Friday that he is 18 years old but has used a 1983 birth date to get work. Grosinger said he asked that any defenses that claim would create be waived. If Loria-Tamayo is 18, the crime could have been considered a Class Afelony, for which the maximum punishment is 20 years in prison rather than life in prison.
Loria-Tamayo will be given credit for 153 days served since his arrest on May 27.
Police say Loria-Tamayo and Jilpas-Tamez used alcohol to lure the 14-year-old Mandan girl and two friends to the men's residence on the 700 block of Poplar Lane.
The girl told police that she went to the bathroom to get something out of her eye, and her friends were gone when she got back. She said the suspects dragged her into a bedroom when she tried to leave.
According to police, Loria-Tamayo had intercourse with the girl, and Jilpas-Tamez attempted to have intercourse with her.
The girl's friends returned and took her to the hospital, where it was determined that she had injuries consistent with having been sexually assaulted, police said.
Jilpas-Tamez originally was charged with gross sexual imposition, a Class A felony, on May 30.
Morton County Assistant State's Attorney Brian Grosinger said in December that DNAtesting identified a third suspect in the May 26, 2006, rape of a 14-year-old Mandan girl. Jilpas-Tamez and Angel Gabriel Loria-Tamayo were charged with gross sexual imposition in May, but no other suspect was mentioned at that time.
Grosinger said Jilpas-Tamez was offered a plea agreement in exchange for helping the state's attorney's office locate and prosecute the third suspect. Jilpas-Tamez pleaded guilty to assault, a Class A misdemeanor, and sexual assault, a Class B misdemeanor, on Dec. 12.
Reich sentenced Jilpas-Tamez to one year in jail with all but time served suspended. Jilpas-Tamez had been in the Morton County Correctional Center since his arrest in May. Reich also sentenced Jilpas-Tamez to two years supervised probation.
Mandan Police Lt. Paul Leingang said Jilpas-Tamez has cooperated with authorities in identifying the third suspect, and that case is still open. The suspect has not been charged.
Loria-Tamayo, 22, pleaded guilty to Class AA felony gross sexual imposition on Oct. 27. Reich sentenced him to 10 years in the custody of the Department of Corrections. Loria-Tamayo is an illegal immigrant from Mexico and will be deported after serving his sentence.
Jilpas-Tamez is from Illinois and is not an illegal immigrant.
Documentation:28OCT06, Bismak Tribune
Illegal immigrant is given 10 years in gross sexual imposition case, by Jenny Michael
6JAN07, Bismark Tribune
Man may head back to jail, by Jenny Michael