http://www.bismarcktribune.com/articles ... 122938.txt

Illegal immigrant is given 10 years in gross sexual imposition case


Bismarck Tribune

By JENNYMICHAEL

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 is still being held in the Morton County Detention Center on $10,000 cash bond. According to court documents, Loria-Tamayo was to begin serving his sentence in the department of corrections Friday.

(Reach reporter Jenny Michael at 250-8225 or jenny.michael@;bismarcktribune.com.)


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Comments

unknown wrote on October 29, 2006 12:29 AM:"Expect the unexpected in this world now days, it's more crazier and dangerous then ever. It's not only illegal immigrants from Mexico committing crimes. There are also other races also and especially CAUCASIANS."

hugo wrote on October 28, 2006 8:31 PM:"well maybe the poor fellow should have aquired a better lawyer, i know his defender was probably some bottom of the barrel attorney. maybe the court system should have had a wiser lawyer in the city attorneys office maybe then the cost of this thing could have been avoided and just shipped there butts back to mexico. now we have to house, feed, medical and edicate these guys."

Barb wrote on October 28, 2006 5:17 PM:"OK - and will this illegal alien rapist also be proscuted for his illegal entry and use of fraudulent ID? Will his employer face any retribution for hiring an illegal? [If the emplyer had used the federal Employment Verification program, he could have checked for fake ID] And furthermore, if the illegal actually serves his full sentence [doubtful] and is deported, what will keep him from re-entering our nation again?"

Idaho Gal wrote on October 28, 2006 4:57 PM:"These illegals are going to be the death of the United States! According to the GAO report for 2005, 25 American Citizens are murdered EVERYDAY by illegal aliens in America! I'd bet my ranch that number will be going up this year! WE MUST NOT GIVE THESE CRIMINALS AMNESTY FOR ANYREASON! THEY ARE NOT 1ST WORLD PEOPLE!"

Karen wrote on October 28, 2006 3:28 PM:"it is a good thing to get these creeps off the street but where is the parenting in these situations? that just drives me crazy to think that there are little girls out there having been with men already."

Greg Marsh wrote on October 28, 2006 11:22 AM:"These predators are disgusting. Start treating them like the animals that they are and this nonsense will stop. Tall tree and a short piece of rope should do the job. "

T&T wrote on October 28, 2006 11:07 AM:"I would like to thank the police dept for a good job getting these creeps before they ran back across the border and hid. Good Job!"

Prior Victim wrote on October 28, 2006 4:48 AM:"Maybe I didn't read this article correctly. Doesn't it say he received 10 yrs, followed a few paragraphs later with, it has a mandatory 20 yr sentence, and could have been mandatory life. This makes no sense. If (and thats a big if) he was only 18 the lesser of the 2 sentences is appropriate, but is that not still 20 yrs. Also he is being given 153 days credit served while awaiting trial. I don't seem to recall any mention of a 14 yr old girl being given any good time credit when these 2 were attacking and raping her. Yes, she put herself in a bad situation, but that does not excuse these men for what they did. I don't care if they are citizens or not. A predator is a predator. We came up with MANDATORY time statutes for cerain crimes for a reason. I'm sorry that these men are young and will spend so much of the rest of their lives in prison, but they should have thought of that before they RAPED a 14 yr old. This young man was probably in this country for all the right reasons.(to make money, help family, education, etc.) He and his friend should have thought about this more and drank less. They made a stupid move. They probably now regret what happened. I REALLY DON'T CARE. They wrecked this young ladies life. That is FOREVER. You can't undo the damage RAPE does. The benefit of the doubt is nice but mandatory laws are as much about the victim as they are the judge and the perpatrator. They should not be tampered with. I feel for all involved, they all made mistakes that night. I wish it could be undone. It can't. I hope when they get out this helps these men to know not to do this again. I also hope for many more MANDATORY and stricter laws regarding this type of predator. The law is much to lenient on "1st" time, young offenders, thats why we have so many repeat offenders. Well, thats my opinion."


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