Deputy Park County Attorney Tim Blatt said Ruiz-Estrada wrestled the woman to the floor and threatened her with scissors and a knife. The rape occurred in early October 2008 at a Powell bar.
As per the agreement, Judge Cranfill sentenced …
This item is available in full to subscribers.
The Powell Tribune has expanded its online content. To continue reading, you will need to either log in to your subscriber account, or purchase a subscription.
If you are a current print subscriber, you can set up a free web account by clicking here.
If you already have a web account, but need to reset it, you can do so by clicking here.
If you would like to purchase a subscription click here.
Please log in to continue |
|
A suspected illegal immigrant has been sentenced to 15 to 18 years in the Wyoming prison system for raping a woman in Powell nearly two years ago.Fabian Ruiz-Estrada, 27, had been tied to the rape through DNA evidence more than a year after it occurred.On Wednesday, District Court Judge Steven Cranfill accepted a plea agreement and found Ruiz-Estrada guilty of two counts of first-degree sexual assault — one count for making the victim submit by the use of force and another for threatening her with a deadly weapon.
Deputy Park County Attorney Tim Blatt said Ruiz-Estrada wrestled the woman to the floor and threatened her with scissors and a knife. The rape occurred in early October 2008 at a Powell bar.
As per the agreement, Judge Cranfill sentenced Ruiz-Estrada to 15-18 years of prison on the first count and 15 years of probation on the second count, with another 15 to 18 years of prison time suspended.
The U.S. Immigration and Customs Enforcement agency has a hold on Ruiz-Estrada, Blatt said, and he is expected to be deported back to his home country following the completion of his prison sentence. Blatt said he was not sure where Ruiz-Estrada is from, though he presumed Mexico.
Earlier this month, Ruiz-Estrada had entered an Alford guilty plea to the two counts of sexual assault. Under an Alford plea, the defendant does not admit guilt, but concedes the prosecution has enough evidence to prove him guilty beyond a reasonable doubt.
On Wednesday, Ruiz-Estrada appeared before the court in an orange Park County Detention Center jumpsuit and shackles. He did not comment, other than yes and no answers to routine questions from Cranfill confirming he understood the proceedings.
The victim, who was not present at the sentencing hearing, did not submit any written comments for the judge to consider; Blatt has said she supported the sentence.
After the October 2008 rape, the woman's assailant fled and initially was not identified.
But in November 2009, Powell police were notified that the DNA of a Colorado prisoner — Ruiz-Estrada — was a match for a sample the police department had recovered at the bar.
In late December 2009, Powell Police Investigator Dave Brown interviewed Ruiz-Estrada at the Colorado prison.
Blatt said that interview was a big part of getting a resolution in the case.
In the conversation with Brown, Estrada initially claimed he had never been to Powell, then, when confronted with the DNA evidence, changed his story and said the sex was consensual.
Blatt said there are generally only two defenses for rape.
“(Ruiz-Estrada) shot and missed on the ‘I didn't do it,' and then fell back on the ‘it was consensual',” Blatt said.
Ruiz-Estrada also reportedly said in the interview with Brown he was “80 percent sure” he hadn't used a weapon during the encounter. Blatt said he would have focused on the uncertainty of that statement had the case gone to trial.
Ruiz-Estrada was extradited to Park County on April 7. That time served will go toward his prison sentence.
In addition to the prison and probation time, Ruiz-Estrada was ordered to pay $470 to the court in fees and assessments, and nearly $3,300 in restitution to cover the victim's medical costs and counseling.
The 15 years of probation is unsupervised, with the only condition being that he violate no laws.
Blatt said that means if Ruiz-Estrada is indeed deported after finishing his prison sentence, and again enters the U.S. illegally, “He's going to owe us another 15 to 18 years (in prison) if we find him in Wyoming and pick him up.”
Blatt said it's unlikely Ruiz-Estrada will be allowed to immigrate to the United States.