Simon Angilda raped a 92-year-old woman but sending him to prison for more than 85 years would be cruel and unusual punishment, his attorney argued this morning.
Angilda is in the Johnson County jail awaiting sentencing for the June 29 attack on a Leawood woman who used a walker to get around. A jury found him guilty of that and 13 other counts related to a crime spree that night that Angilda says was fueled by alcohol and the drug ecstasy.
The jury found there were aggravating factors that justified nearly doubling the sentence that, according to the guidelines, would otherwise call for about 44 years.
“He’s 22,” public defender Carol Cline said of her client. “If there were no sentencing enhancements he’s probably going to be in his 60s when he gets out. The upward departure (in sentence) means he never gets out.”
Cline argued before Johnson County Judge Stephen Tatum that the jury did not have sufficient cause to recommend the stiffer sentence. She said the state did not do a scientific risk assessment to determine if he posed a future danger to society.
She also challenged the contention that the enhanced sentence was justified by the victim’s age and infirmity.
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