While continuing to claim their innocence, two Vancouver men pleaded guilty Wednesday to sexually assaulting a woman at a residence in Vancouver’s Ogden neighborhood.
Sergio J. Leon, 22, and Aaron B. Davey, 25, were arrested May 16 on suspicion of first-degree rape and unlawful imprisonment.
On Wednesday, Leon entered a Newton plea, a legal maneuver in which a defendant acknowledges there’s enough evidence for a jury to convict him without admitting guilt, to a charge of indecent liberties without forcible compulsion. The charge essentially means taking advantage of someone sexually while the person is incapacitated.
“Their version is (the sex) was consensual,” said Leon’s attorney, Louis Byrd Jr.
The Newton plea allowed Leon to take advantage of a plea offer for the reduced charge. If convicted of first-degree rape, he would have faced up to 11 years in prison and lifetime registration as a sex offender. Under the plea deal, Clark County Senior Deputy Prosecutor Kasey Vu will recommend a sentence of nearly four years.
Davey pleaded guilty to third-degree rape and would avoid prison time altogether under his plea deal, which still must be approved by Superior Court Judge Robert Lewis.
Davey’s attorney, Erin McAleer, said Davey entered into a cooperation agreement with the Prosecuting Attorney’s Office in which Davey was required to plead guilty and agree to testify against Leon in exchange for a reduced charge and sentence. McAleer said he and Vu would recommend a sentence of the amount of time Davey has already served in jail, an estimated eight to nine months.
A sentencing date has not been scheduled for either man.
McAleer said Davey thought the sex with the victim was consensual, and his story remained consistent throughout the investigation.
“Our client accepted the plea to avoid a long prison stint, had he been found guilty, and also to avoid a lifetime (sex offender) registration,” McAleer said.
Vu said that on the evening of the rape, the victim and the two men were drinking alcohol together at Leon’s residence in the 3000 block of N.E. 78th Avenue. The three of them went into the home’s garage, where there was a futon. Leon switched off the lights, and the two men picked up the victim and placed her on the futon, Vu said. The men then took turns raping her, he said. An examination conducted at a local hospital showed that the victim suffered injuries during the attack, Vu said.
Leon had no previous felony history as an adult. His juvenile criminal history has been sealed.
Davey had no previous felony history.
While serving a search warrant at Leon’s home, Vancouver police said they found rape evidence, a handgun and a large quantity of marijuana.
