A Vancouver man was sentenced Tuesday to 10 years in prison for sexually abusing two 13-year-old girls after giving them alcohol and methamphetamine in 2020.
Jose S. Padilla, 49, pleaded guilty June 8 to two counts of third-degree assault with sexual motivation by way of an "in re Barr" plea, meaning he pleaded guilty to the lesser related charge he didn't commit to avoid the risk of conviction on a greater offense. He was originally charged with two counts of second-degree child molestation.
Padilla also pleaded guilty last month to two gross misdemeanor charges of communicating with a minor for immoral purposes and furnishing liquor to minors. A charge of delivery of a controlled substance-methamphetamine to someone younger than 18 was dismissed.
The parties agreed to the 120-month recommendation, as an exceptional sentence above the standard range. Otherwise, if convicted, Padilla's original charges would have counted as his third strike offense, prosecutors said, which would require a mandatory sentence of life in prison. His past strike offenses are a 2005 third-degree rape conviction in Whatcom County and a 1989 first-degree manslaughter conviction in Yakima County, court records show.
Defense attorney Katie Kauffman said Padilla had applied to withdraw his guilty plea in the Whatcom County case because he said he was not informed it was a strike offense, but his request was denied.
On Tuesday, Padilla apologized to the victims and their families and said he hopes to use his time in prison to get sober and turn his life around.
According to an affidavit of probable cause, a Vancouver police officer was dispatched at 10:12 p.m. Aug. 26, 2020, to a juvenile abuse call at Alder Creek Apartments, 11614 N.E. 49th St. Additional police units responded, along with AMR and the Vancouver Fire Department. One of the victims was treated at the scene.
Both victims told police that Padilla came to the apartment and forced them to drink alcohol. He then inappropriately touched them and demanded they kiss each other, court records state.
Padilla smoked what appeared to be methamphetamine and encouraged them to try it, blowing smoke into one of the girls' mouths. She later tested positive for methamphetamine at a hospital, according to court documents.
