Olathe A Johnson County judge has rejected arguments that it would be unconstitutional to allow an 85-year prison sentence for a man convicted of raping a 92-year-old suburban Kansas City woman.
Johnson County District Judge Stephen Tatum said Tuesday there were aggravating circumstances in the case of 21-year-old Simon Angilda, who was convicted in January of rape, sodomy and other charges in the June 29 attack on the woman, who used a walker. Jurors also found the Grandview, Mo., man guilty of aggravated burglary, theft, criminal damage and robbery, all of which stemmed from a crime spree that night.
Angilda testified during his trial that he was drunk and high on ecstasy when he attacked the Leawood woman.
When recommending the 85-year sentence, jurors said they found the aggravating factors justified departing from Kansas' sentencing guidelines, which call for a 44-year maximum.
Defense lawyers said the departure from the sentencing guidelines was cruel, unusual punishment and unconstitutional. They also argued that jurors did not have enough cause for their recommended sentence and that the victim's age and infirmity did not make the attack that much worse than other rapes.
Jurors also noted that Angilda faces a longer sentence than if he had killed the woman, The Kansas City Star reported.
The judge said he ruled against the defense motions in orders signed Friday and referred to at the hearing Tuesday.
Defense lawyer Carol Cline said that while Tatum ruled the sentencing departure can happen, "he hasn't said it will."
Angilda is scheduled to be sentenced May 13.