Thomas sentenced to 28 years in kidnapping, rape

EPHRATA - The man, who kidnapped, robbed and raped a Big Bend Community College student in 2011, is serving at least 28 years in prison.

Jerald W. Thomas, 34, pleaded guilty to first-degree rape, first-degree kidnapping, first-degree robbery, second-degree assault and intimidating a witness in September, according to court records.

He faced a minimum sentence range of 24 years and three months to 32 years and two months, Grant County Superior Court Judge Evan Sperline said.

When he is finished with the minimum sentence he will be reviewed by a state Department of Corrections board, which will determine whether he can be release, according to the prosecutor's office. If the board decides he can't be released, he will serve additional time. He could serve up to life in prison.

Thomas kidnapped a student at knife point when she was walking to her car on campus, according to a Grant County sheriff's report. Thomas pushed the woman into her car, and drove to bank, demanding $500 or he would rape her.

He used the victim's debit card to take some money out at the bank, but not as much as he wanted, and he became frustrated, according to the police report. He drove her to the Moses Lake sand dunes and raped her.

The victim's car became stuck in the sand, and he made her walk with him looking for a ride, telling her he would kill her if she called for help, according to court records. She was able to escape after Thomas received a ride, according to the police report.

Prosecutor Angus Lee and defense Attorney Robert Kentner recommended Thomas serve a minimum of 25 years in prison.

"This is fairly unique in our system in that this is a true crime (where) it could have been anyone," Lee said. "The victim was an absolute stranger here. Not only was the victim victimized here, as in all cases, but also the community has been impacted by this case. The victim in this case could have been anyone who was attending Big Bend Community College."

Washington State Patrol Detective Dan Dale told the court the victim's trauma will stay with him for the rest of his life.

"This case, particularly the violent acts, have astonished everyone in law enforcement who had anything to do with this case," Dale said. "We send our children out into the community with the expectation of safety. The victim in this case had an expectation of going to school without being attacked."

Throughout Dale's career, he has spoken to many victims, and seen how the crimes affect them, he said.

"The morning the victim came to my office and told me what happened to her, I couldn't believe the traumatic level of psychological shock that she went through," Dale said. "This was a case of a predator, who saw the victim as prey ... This was a brutal attack on the victim."

The victim and her mother also spoke at the sentencing, saying the crime has left scars on them.

Kentner agreed the crimes Thomas committed were serious, and his client is sorry about the offenses.

"He is very sorry about hurting (the victim.) He is sorry for bringing nightmares into her life," Kentner said. "(He) recognized this has caused not only physical pain, but mental anguish, emotional harm, psychological scars that will last a lifetime."

The attorney said he spoke with Thomas for many hours during the past year and a half, and, at first, Thomas was reluctant to share information with Kentner. After going through the police reports, Thomas shared information with him.

"Judge, we cannot offer anything other than an apology, that's all he can do," Kentner said. "As his spokesperson, I can share with you an explanation, but it's not going to be really satisfactory to alleviate the pain and hardship."

Thomas was using drugs and drinking at the time of the incident, Kentner said; adding this is what drugs do.

"It affects your mind. It lowers you inhibition to do stupid, silly, unlawful acts. There are absolutely horrible consequences here. Fortunately, it wasn't worse. That's a blessing, and, fortunately, it stopped at some juncture. It still left scars, but it stopped at some juncture," he said. "It's just an explanation. That's all it is because this act still occurred."

Kentner asked the judge to follow the recommended sentence, saying they factored in his previous criminal history, Thomas' life expectancy, the victim's input and law enforcement's input.

"My client is currently (34) years old your honor," he said. "That's pretty close to a life sentence ... He's going to have to spend the rest of his life, basically, in prison."

Thomas apologized to the victim, saying he was doing drugs at the time.

"I know it's not an excuse for what I have done," he said. "I'm very, very sorry."

Sperline departed from the recommendation of Lee and Kentner, pointing to the horrible nature and effect of the crime.

"There is no conceivable, human justification for crime of this type, and while the defendant's dependence on drugs may have had an effect on his willingness or inhibitions or something in between, lots of people use drugs and don't rape and kidnap folks," he said. "Truly, it's not even an explanation, let alone justification or an excuse."

The crimes demonstrate such a high level of brutality and insensitivity, it's almost pointless to try to understand why Thomas committed them, Sperline said. The brutality of the crimes is shocking whether someone has worked in the criminal justice system for a long time or if it's the first case someone heard of.

"It's just not something that most of us can make fit in our view of what life is supposed to be about," he said. "There is precious little room in this case to look for the grounds for mercy."

Sperline felt the circumstances around the case almost called for sentencing Thomas to the maximum allowed by state law. The one reason he considered a lesser sentence was the agreement reached between the two attorneys.

"It doesn't mean much to folks who will be sitting here one time, like Mr. Thomas and the victim, but it is important to those folks who have the obligation to operate this system," he said. "The court is required to give a great deal of consideration to a joint recommendation by the lawyers in the case."

Agreements between the attorneys benefit the victims and their families, who don't have to go through the trauma of a trial, Sperline said. It also preserves government resources by allowing the county to process the about 800 felony cases filed every year.

"A trial in a case of this kind would probably take two weeks, which means a judge can do 25 of those a year, if we did nothing else," he said. "So the system, in order that it not break us all financially as citizens, requires that cases be resolved by agreement."

Sperline pointed out he was limited to an eight-year range for the minimum end of Thomas' sentence.

"We're not talking about the difference between 20 years and 60 (years), or about a life sentence," he said. "If the court doesn't find any reason to do otherwise the court is directed by the statute to use the middle of the extremes."

Sperline decided to use the middle of the range, which meant a minimum sentence of 28 years and about 2.5 months.

"I depart from the lawyers' joint recommendation only for the reasons I indicated and, only, out of the utmost respect for the careful work and professionalism that was invested on both sides," he said.