MARTHA LAKE, WA — For raping an 18-year-old woman while she lay dying from an overdose in his bedroom, and then not reporting the woman’s death, a 20-year-old Martha Lake man will serve just under three years in prison, according to a Snohomish County court decision announced Thursday.
The sentence imposed on Brian Roberto Varela for the part he played in Alyssa Mae Noceda’s death last February was met with criticism not only from Noceda’s family but also the judge who passed the sentence, according to KOMONews.com.
“It’s a joke,” Noceda’s mother, Gina Pierson, told KOMO News reporters after the sentencing hearing Thursday. “Usually people who do stuff like this don’t get away with a slap on the wrist.”
Varela reportedly pleaded guilty to manslaughter, rape, and unlawful disposal of remains — a misdemeanor. Because he had no previous criminal history, the maximum sentence based on guidelines established around Washington’s felony laws was only 34 months.
For the Manslaughter II charge and the Rape III charge, Varela’s “criminal score” was only a “1” when tallied against the “seriousness” of the crime, which was valued at “VIII.” Officially, the judge could have imposed anywhere between 26 and 34 months. The sentence for the Rape III conviction, which has a maximum of 14 months on its own, will run concurrently with the manslaughter conviction.
Click here to view Washington’s sentencing guidelines manual
Forced to abide by the state’s sentencing guidelines, the judge overseeing the case reportedly acknowledged the sentence was “inadequate” for what Varela did during and in the hours following Noceda’s death.
At a party in early February at Varela’s home in Martha Lake, Noceda reportedly began overdosing on a mixture of Percocet and concentrated THC; but instead of seeking help, Varela chose to take photos of her on his phone — which he reportedly sent to his friends with the caption: “LOL I think she od’d, still breathing.”
Varela then reportedly raped the dying teen and afterward tried to cover up Noceda’s death and made plans to hide her corpse.
Though he apparently indicated some desire to take Noceda to a hospital while she was overdosing, Varela ultimately chose to go to sleep instead, his roommate told police. The next morning, after confirming Noceda was in fact deceased, Varela reportedly broke her legs and packed her into a box with the intent to dispose of her body; then he reportedly went to work.
Prior to abusing Noceda’s corpse, Varela reportedly used her thumb to unlock her phone and send text messages to her family in an attempt to convince them she’d ran away — and was thus still alive.
Later, Varela was said to have told friends, “She died having sex with me,” KOMO News reported.
Varela was arrested Feb. 8 — two days after police began investigating and five days after Noceda’s death. It was reportedly a co-worker of Varela’s who eventually called police to report what he described as a murder, which initiated the investigation.
After his arrest, Varela reportedly admitted to most of what his roommate and co-worker had told police.
During his sentencing, Varela reportedly told the court: “I’m sorry for my foolish actions. Whatever I get is what I deserve.”
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This article was updated from its original version to include a more detailed explanation of Washington’s sentencing guidelines.
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