Teen in Apollo Beach rape case gets a rare life sentence

March 11, 2010

TAMPA — He held the gun. He had to be persuaded not to kill his two rape victims. The women considered him “the mean one,” though he was just 13.
On Wednesday, a judge sent him to prison for life.
Jose Guadalupe Walle, now 15, may be the first U.S. prisoner in two decades to be written off so young for a crime in which no one died. Not since 1990 has a teen been sentenced to life without a chance of release for such acts committed before age 14, according to arguments four months ago before the U.S. Supreme Court.
Hillsborough Circuit Judge Chet A. Tharpe predicted Walle would kill if he ever walked the streets again.
“I’ve taken your client’s age into consideration,” Tharpe told Walle’s attorney. “And I will tell you that this is one of the most disturbing cases that I have ever come across in the 19 years I have been on the bench.
“Your client doesn’t have a conscience. He has absolutely no regard for human life.
“If ever there was a case in which the community needs to be protected from someone that’s a predator like your client,” he said, “this is the case.”
• • •
At 13, Walle was a runaway, a middle school dropout hanging out with gang members, a user of LSD, cocaine, Xanax, marijuana and alcohol. He befriended two men, Rigoberto Moron Martinez and Vicente Reyes-Carbajal, both now 22. Police say the three raped women in Hillsborough and Pinellas counties.
According to a psychiatrist who evaluated him, Walle was intoxicated and had no memory of what happened in Apollo Beach on Aug. 16, 2008.
His victims cannot forget.
In court Wednesday, the women held hands and clutched notes with all the things they wanted to say. They had last seen him during the four-hour nightmare that started at the Docks Bar & Grill and ended when they were told to jump out of a van along Interstate 75.
Deputies say the three men covered the women’s mouths with duct tape, kidnapped them in one of their cars and stopped on the dirt shoulder of Noonan Branch Road. They raped them, drove them to an ATM and a gas station and, finally, to a field, where the rapes continued.
“He was the one with the gun the majority of the time,” one of the women said. “There was no doubt in my mind that he wanted to kill us.
“He chose to rob us. He chose to abduct us. He chose to rape me.
“My life will never be the same again. I have never, ever regained that sense of mental balance. I will never be able to not look over my shoulder, never be able to sleep sound through the night.”
Walle has a third female victim. On Aug. 3, he aimed a gun at a duct-taped kitchen worker to keep him under control, prosecutors say, as Martinez stripped another employee and raped her on the kitchen floor.
Authorities determined evidence doesn’t place Walle at the scene of a July home invasion and rape in Gibsonton.
The two other suspects await June trials.
Walle pleaded guilty to the offenses in both counties, which included a dozen armed sexual battery charges and four counts of armed kidnapping — more life felonies than years in his life.
• • •
In court Wednesday, defense attorney Darlene Calzon Barror asked the judge to match the sentence already imposed by the Pinellas-Pasco Circuit Court for the St. Petersburg rape: 27 years.
“It at least allows for the defendant to have an opportunity to have a life, perhaps when he is 40 years old,” she said.
Tharpe listened.
He heard Walle’s parents talk about a good boy who played soccer but started rebelling in middle school. How they caught him smoking marijuana and took him to drug treatment and counseling. How they asked a juvenile court to punish their son, only to see him released.
Jose Walle Sr. said that when his son ran away, four months before the rapes, deputies said the boy would have to commit a crime to be found.
“They didn’t care that he was 13 years old and he was out there on the street,” said his mother, Karla Infante.

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