Man gets seven years in teen rape

May 13, 2008 - 04:05:48 CDT
By JENNYMICHAEL
Bismarck Tribune

An Illinois man has been sentenced to seven years in prison for the May 2006 rape of a 14-year-old Mandan girl.

South Central District Judge Donald Jorgensen sentenced Angelberto Ybarra, also known as Angel, to 10 years in prison, with three years suspended and five years of supervised probation. Ybarra pleaded guilty in November to Class AA felony gross sexual imposition.

According to police, the 14-year-old girl and two friends were lured into a Mandan residence by men offering them alcohol on May 26, 2006. 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 she was dragged into a bedroom by men when she tried to leave.

Two men, Estanislado Jilpas-Tamez and Angel Gabriel Loria-Tamayo, were identified and charged with gross sexual imposition in the case.

Tamayo pleaded guilty in August to the charge. South Central District Judge David Reich sentenced Tamayo, an illegal immigrant, to 10 years in prison in October. Tamayo's DNA was found on the girl's body.

The crime lab did not find evidence of DNA belonging to Tamez on the girl's body. Tamez pleaded guilty to misdemeanor offenses of assault and sexual assault as part of a plea agreement that included a provision that he had to assist authorities in identifying the third suspect.

Reich sentenced Tamez, who is a cousin of Ybarra, to time served and two years of supervised probation.

Authorities learned from Tamez that Ybarra, whom police had spoken to when the incident was reported, may have had sex with the victim. Ybarra was located in Iowa, and law enforcement officers there were able to obtain physical evidence linking him to the rape. Ybarra had since moved to Illinois.

The Morton County Sheriff's Department brought Ybarra from Rock Island, Ill., to face the charge in July 2007, and he has been held in the Morton County Correctional Center since then.

Morton County Assistant State's Attorney Brian Grosinger said he recommended Ybarra be sentenced to 12 years in prison with two years suspended. He said the complicated case has been difficult for the victim and her family. The girl has suffered physical and emotional problems from the attack, he said.

"This is something that has been devastating for this victim," he said. "It's been devastating for this family."

Justin Roness, Ybarra's appointed defense attorney, said he recommended a sentence of six years, with five years suspended and five years of supervised probation. He said Ybarra acted in a reckless manner, not a predatory manner. Ybarra's limited criminal history, strong family support and ability to find employment as a roofer and sider serve as mitigating factors in seeking a lighter punishment, Roness said.

"I believe he's a strong and viable candidate for probation," he said.

Ybarra apologized to the victim, his family and the court.

"I know I was wrong and reckless for my actions,"he said.

Jorgensen rejected Ybarra's claims that he was less responsible than Tamez and Tamayo. He said Ybarra took advantage of a vulnerable individual and should have stood up to the other two men and stopped the attack. Jorgensen ordered Ybarra to complete sex offender treatment, have no contact with children under 18 and to have no contact with the victim while on probation.

"You knew what was going on as much as the other two," he said. "There is no excuse for this kind of conduct."

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