Washington man who raped, took lewd photos of dying woman gets less than 3 years in prison

A Washington man was sentenced Thursday to less than three years in prison after he raped a high school student as she was dying from a drug overdose and texting explicit photos of her to friends.

Brian Varela, 20, of Lynnwood, Washington, pleaded guilty to second-degree manslaughter, third-degree rape and unlawful disposal of remains as part of a plea deal in the February death of 18-year-old Alyssa Noceda.

Superior Court Judge Linda Krese said Thursday she could not sentence Varela to more than two years and 10 months because it was the most prison time permitted for someone with no prior criminal record, the Daily Herald reported.

Krese said she was “surprised, even outraged,” by the inadequacy of the sentence and suggested that state lawmakers may not have realized the impact of their decision when they set prison sentences for the charges.

“I’m not sure the Legislature really contemplated something like this,” Krese said.

Varela told detectives that Noceda was at a party in a mobile park home on Feb. 3 northeast of the Seattle suburb of Lynnwood. In Varela’s room, he said Noceda snorted Percocet and also ingested liquid marijuana, court documents stated. Tests later showed she had taken a fatal mix of fentanyl and alprazolam, a generic name for Xanax.

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