An ex-convict who raped his former girlfriend in an abandoned house near her residence was slapped yesterday with a maximum sentence of 30 years in prison.
Joshua Indalecio Martin will, however, be able to apply for parole after serving 10 years of his sentence. He was given credit for time served and was required to pay a $100 court assessment fee.
Martin, 23, pleaded guilty to sexual assault in the first degree as part of a plea deal. The offense carries a minimum sentence of eight years and maximum of 30 years behind bars.
To explain why he did not hand down a sentence without the possibility of parole, Superior Court Associate Judge Perry B. Inos said that acting public defender Douglas Hartig convinced him that Martin has a medical condition.
Hartig had cited that Martin has some psychological problems and was diagnosed with Attention Deficit Hyperactivity Disorder. He recommended a sentence of eight years in prison.
The Adult Probation Office recommended a sentence of 10 years.
Citing egregious facts in the case, assistant attorney general James McAllister recommended a 30-year sentence.
McAllister said that Martin showed up at someone's house in the middle of the night, got the victim out of bed, threatened to kill her, forced her out to an abandoned house, and forced her to have sex with him.
“There was also evidence that the incident was premeditated. There were threats over the Internet directed at the victim's boyfriend,” McAllister said.
He said the court-appointed doctor that performed a competency evaluation on Martin came up with a finding that the defendant was malingering. He believes that malingering involves pretending or exaggerating.
Medical dictionaries define malingering as the act of intentionally exaggerating physical or psychological symptoms for personal gain.
Inos said that, based on court records, Martin started with a simple assault and battery conviction, then escalated to theft and now his most egregious crime yet.
Police detective Catherine B. Pangelinan stated in her report that a police officer was dispatched on July 13, 2012, at 3:13am to a residence in Afetnas after receiving a call about a rape incident.
Pangelinan said the officer arrived to see the 18-year-old victim crying. The victim told police that Martin choked her and threatened to kill her if she does not follow him outside. Martin kept pushing the victim until they reached the abandoned house where he raped her.