Local man sentenced on rape, burglary, strangulation and coercion charges

He received 100 months’ jail time, 20 years’ probation and a total $1,300 fee for the Rape charge; 36 months of jail time and a $200 fine for the Burglary charge; 180-days of jail time and a $100 fine for the Strangulation charge; 18 months’ jail time, 36 months’ probation and a $200 fine for the Coercion charge; and 180-days’ jail time for an Assault in the Fourth Degree conviction he received in 2017 that was related to the other charges.

All prison sentences and probation periods run concurrently, for a total of 100 months’ jail time, with credit for time served, and 20-years’ probation for all charges. Avila Torres is also required to register as a sex offender.

The convictions cover four separate incidents that occurred between August 2017 and March 2019.

The first incident occurred on or around Aug. 1, 2017, when, according to circuit court documents, Avila Torres attempted to assault the victim in the presence of her child. He pled guilty to Assault in the Fourth Degree in November 2017 and received 18-months’ probation, which included the condition that he have no offensive contact with the victim. His probation was initially scheduled to end in May 2019.  

On or about Oct. 13, 2018, Avila Torres committed Coercion by threatening the victim to stay in her house and not go to work. He was arrested on that charge, as well as two counts of Burglary in the First Degree, one count of Resisting Arrest and a Harassment charge, on Oct. 15, 2018, and released on a Conditional Release Agreement two days later, on Oct. 17.

The Rape in the First Degree conviction was related to an incident that occurred in sometime in February 2019. A Burglary in the First Degree charge related to that incident was dropped. 

The Burglary in the First Degree charge that Avila Torres was convicted on, as well as the Strangulation charge, were related to a March 26, 2019, incident where, according to circuit court records, Avila Torres broke into his ex-girlfriend’s home and surprised her while she was in the shower, “with the intent to commit the crime of Rape within.” 

“This is a very unusual case in that the rape and strangulation were recorded in their entirety,” said District Attorney Carrie Rasmussen, who added that a Grand Jury has listened to the entire 10-12 minute recording.

“You can hear her screaming, ominous silence when she couldn’t breathe, and screaming again,” Rasmussen said.

Four charges relating to the March incident — Rape in the First Degree, Burglary in the First Degree, and Interfering with Making a Police Report — were dropped.

The victim was invited to Tuesday’s hearing but did not wish to attend, Rasmussen said, and did not request restitution. “She’s saddened and conflicted, as anyone would be about somebody that she has loved in the past hurting her in this way,” Rasmussen said. “She frankly just wants to be done with this, to have this whole era behind her.” 

As of press time, Avila Torres owed the court $2,900 in fees. While Avila Torres was sentenced by Judge John Olson on Jan. 28, he had not signed the official judgement for the Rape, Burglary and Strangulation charges by press time. The judgements for the Coercion and Assault in the Fourth Degree convictions were signed as of press time.