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A man from the state of Washington was sentenced Thursday to 34 months in jail for raping an 18-year-old woman who died of an overdose, texting her half-naked body and attempting to conceal the crime.
The state sentencing guidelines have compelled Justice Linda Krese of the Snohomish County Superior Court to take into account the fact that the author of the offense, Brian Varela, 20, of Lynnwood, Washington State, had no criminal record, (Everett, Wash.) Daily Herald reported.
Krese was "surprised, even outraged" that the law imposes such a sentence, according to the The herald.
Varela pleaded guilty to manslaughter, rape and illegal disposal of human remains in connection with the death of Alyssa Noceda, who died on February 3, overdosed in her bedroom, KOMO reported. -TV, Seattle. Lynnwood, a suburb of about 40,000 residents, is 15 miles north of Seattle.
► August 18: Former doctor who raped a sedated patient not serving any prison sentence
► February 10th: Police: A Washington man raped a woman dying, photos with SMS
► January 2017: Mom and boyfriend accused in the death of a teenager to murder and murder
Noceda of Everett, nearby, took drugs in his room that night, which he provided a part, Varela told the detectives, according to The herald report. Tests later showed that she had taken a fatal mixture of fentanyl and alprazolam, the generic name of Xanax.
After Noceda's disappearance, Varela did not call for help, but sent comments and photos of her partly-naked body to colleagues, according to court documents cited by KOMO-TV.
"You might as well let him walk freely with this kind of weather."
Rachelle Palmer, aunt of Alyssa Noceda
"LOL, I think she seemed to breathe again," reads a text, according to KOMO-TV.
Varela wrote that he was sexually assaulting Noceda "to pass the time", according to The herald. He was accused of playing an online game and falling asleep to wake up and find Noceda cold and lifeless.
"You might as well let him walk with that kind of weather," said Rachelle Palmer, Noceda's aunt, about the sentence passed against Varela, according to The herald.
"It's a joke," said Noceda's mother, Gina Pierson, according to KOMO-TV.
In Washington State, offender convictions are partly determined by a rating system that takes into account a number of factors, including prior offenses, Newsweekreported.
This system is rooted in the state's 1981 sentencing law, which was intended to standardize sentences by giving judges less discretion, according to a 2016 article in the lawyer's blog. from the state of Washington, Chris Van Vechten.
In the Varela case, the judge criticized the constraints: "I'm not sure that the Legislature really contemplated such a thing," said Krese.
Varela would have apologized for the crime.
"I'm sorry for my stupid actions, all I get is what I deserve," he said.
Contribute: The Associated Press. Follow Joel Shannon on Twitter: @ JoelShannon91
Alyssa Noceda, 18, of Everett, in Washington State, passed away on February 3, 2018, as a result of a drug overdose. But in the bedroom of Brian Varela, 20, of Lynnwood, he raped her and sent her semi-nude photos. This photo comes from his Twitter account, @AlassasStoned.
Read or share this story: https://www.usatoday.com/story/news/nation/2018/11/16/brian-varela-rape-sentence-dying-alyssa-noceda-34-months/203088881002/
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