Man sentenced to 36 years to life
A Longmont man convicted of breaking into a home and sexually assaulting a child was sentenced to 36 years to life in prison Friday.
Rodrigo Albarran-Estrada, 35, was found guilty of first-degree burglary, aggravated sex assault on a child, second-degree assault – strangulation, and first-degree trespass following a trial in January.
On Friday, Boulder District Judge Andrew Hartman, who also oversaw the trial, sentenced Albarran-Estrada to 12 years on the burglary count and then 24 years to life on the sex assault count, the maximum sentence allowed on each charge.
While defense attorneys said the sentences should be served concurrently, Hartman agreed with prosecutors that the law required the sentences be served consecutively.
Hartman also sentenced Albarran-Estrada to eight years in prison on the second-degree assault count and two years on the trespassing count, but merged those two counts with the burglary count and ruled the sentences would be concurrent.
The child sex assault count falls under Colorado’s indeterminate sentencing laws, which require Albarran-Estrada to complete sex offender treatment and apply for parole before he can be released from any prison sentence.
If released, he will then serve 20 years to life on parole.
“This type of crime requires the most serious sentence,” Hartman said. “It’s the most egregious violation of one’s household. It’s the most egregious violation of a person.”
According to police, AlbarranEstrada entered a home in the 100 block of Snowmass Place at 4 a.m. July 24, 2018, after the door had been left unlocked because the residents’ relatives were staying in a recreational vehicle in the driveway.
Albarran-Estrada then entered the bedroom where an 11-year-old girl was sleeping and took off his clothes. The girl reported to police that she felt someone pulling her pants down. The girl was able to pull her pants back on, but said Albarran-Estrada began to choke her and grabbed her underneath her clothing.
The girl’s parents woke up because of the screaming, and her father heard the door slam and went outside to see Albarran-Estrada sprinting away, still naked.
The father pursued AlbarranEstrada
and struck him with a strip of wood that was nearby, but was unable to restrain him. Albarran-Estrada dropped his passport while he was running, as well as a condom.
As he spoke to Hartman, Boulder District Attorney Michael Dougherty said the father of the girl recalled crying when he saw the condom on the ground.
“He knew in just a moment what the court now knows,” Dougherty said. “That this man was sexually assaulting an 11year-old girl who was sleeping in the safety of her own home.”
Dougherty asked for the maximum possible sentence because of the impact of the crime on the family and the community.
While Dougherty said he agreed Albarran-Estrada needed help and rehabilitation, Dougherty said Albarran-Estrada’s lack of acceptance for what he did and a pre-sentence evaluation made him concerned he was a risk to reoffend.
“It’s not just what he did on July 24, 2018,” Dougherty said. “It’s the danger he poses to the community going forward.”
But defense attorney Kathryn Herold said Albarran-Estrada is appealing his case and should not be punished for exercising his right to not speak on facts of the case in his evaluation.
Albarran-Estrada did not speak to the court due to the pending appeal, but Herold asked for a 10year sentence noting AlbarranEstrada’s lack of criminal history and family support.
“Even considering the facts that the jury found, which we do disagree with, there is no support for the maximum sentence in this case,” Herold said.