Magallanez has long criminal record
Wednesday, September 5, 2007
A man convicted Tuesday of 50 counts of sex crimes against young girls ages 13-15 had been ordered to stay away from people under 18 years of age in an earlier case in Lyon County District Court.
Raul Manuel Magallanez Jr., 32, had been arrested and charged with a felony count of contributing to a child’s misconduct on Oct. 1, 2002, according to court records. The case was one of a variety of charges that began when he was a teen.
The complaint filed in that case stated that Magallanez had contributed to the misconduct of a 15-year-old girl “by sheltering and/or concealing a runaway ... with the intent to aid the runaway in avoiding detection or apprehension by law enforcement officers.”
The felony charge was reduced to a misdemeanor, and Magallanez pleaded no contest on Dec. 3, 2002.
On Nov. 11, 2002, he also was charged in Johnson County with a misdemeanor count of contributing to the same child’s misconduct and obstructing the legal process.
On April 9, 2003, Lyon County District Court Chief Judge Merlin G. Wheeler presided over a hearing to review the six-month sentence that had been imposed in the local case.
Among the conditions of probation were prohibitions against consuming alcohol or illegal drugs and not to have contact “nor permit anyone to contact on his behalf, whether directly or indirectly” the girl he had sheltered in the misconduct case.
Another condition of probation stated, “The defendant will not have any unsupervised contact with any person under the age of eighteen (18) years.”
He was placed on probation for 12 months, with probation to begin after he was released from another case in Lyon County and from the Johnson County case.
Both charges of contributing to a child’s misconduct involved the same 15-year-old girl who, now 20, testified in Emporia last week on Magallanez’s behalf.
The girl initially had run away from a foster home in Emporia on Aug. 28, 2002.
An affidavit filed in the case by Emporia Detective Sgt. Mark Schondelmaier stated that he first had attempted to locate the girl “in reference to her possibly being a victim of aggravated indecent liberties with a child. “SRS (the Department of Social and Rehabilitation Services) had received information Raul Manuel Magallanez, a 27-year-old, had been having sex with (the girl), a 15-year-old.”
Schondelmaier and police officer Lance Delgado went to Magallanez’s apartment to look again for the girl. Schondelmaier talked with Magallanez in the kitchen while Delgado searched the apartment, the affidavit stated. He found the girl hiding in a box in a closet. Clothing had been placed on top of the box.
Schondelmaier arrested Magallanez for contributing to a child’s misconduct.
The girl refused to talk with police and later was taken to the Olathe Detention Center.
After her return to her parents’ home in the Kansas City area, her mother called police on Nov. 1, 2002, to say that her runaway daughter might be at a bowling alley with two Hispanic men.
The girl gave her name to police as that of a woman who was the mother of Magallanez’s child, the Johnson County report stated; Magallanez gave his brother’s name as his own.
“I asked Magallanez what (the girl’s) name was and he told me ... that he was not positive of her name since he had just met her that night,” the report stated. Magallanez was arrested and taken to the Mission police station. He posted a $300 cash bond and was released.
According to court records, Magallanez also had been arrested in June 2001 for aggravated kidnapping, domestic violence battery, criminal threat, possession of marijuana with intent to sell, distribute or deliver within 1,000 feet of a school property, possession of marijuana with no drug tax stamp and felony possession of drug paraphernalia.
A jury found Magallanez guilty of battery and criminal restraint on Dec. 20, 2001. He was sentenced to six-month and 12-month consecutive jail sentences, then granted 12 months’ probation, according to a report prepared for the court by pretrial officer Joan I. Olson.
Magallanez also had been convicted in 2006 of promoting obscenities to a minor. The case involved his taking a 14-year-old girl to an adult store, where he lent her money to purchase a vibrator and lotion. The girl also was one of three victims of rape and other charges involved in the cases tried this month.
Olson’s report showed that the defendant had a lengthy record of varied offenses beginning with an assault charge in June 1992, as a juvenile in Lyon County. He was found to be a juvenile offender and sentenced to 18 months’ probation.
The following month, he was accused of battery. He again was found to be a juvenile offender and sentenced to 18 months’ probation.
On Oct. 2, 1992, he was accused of being a minor in possession of alcohol, having an open container of alcohol and an altered driver’s license. He was found to be a juvenile offender on the first and third charges, his probation was revoked, and he was committed directly to a youth center on June 29, 1993.
Magallanez’s adult record shows an assortment of charges; many were traffic-related, although he also was charged with having a concealed weapon, telephone harassment and battery on law-enforcement officers. The majority were filed in Emporia Municipal Court.
Rap Sheet
As well as charges involving misconduct with children, Raul Magallanez Jr. also has a long record in Emporia courts including the following:
• March 25, 1998, felony driving with suspended license, attempt to elude officer, illegal registration; pleaded guilty to first count on Oct. 9, 1993; sentenced to seven months, given 24 months’ probation on Dec. 24, 1998; probation terminated Sept. 21, 2000.
• Jan. 20, 1994, driving while license suspended and illegal license tag; convicted on both counts Feb. 24, 1994.
• Jan. 22, 1994, telephone harassment, convicted Feb. 24, 1994.
• Jan. 23, 1994, driving while license suspended, illegal tag; first count dismissed, second count found guilty, June 15, 1994.
• Jan. 30, 1994, two stop sign violations, illegal tag, concealed weapon, reckless driving, attempt to elude police officer; pleaded guilty to concealed weapon and attempt to elude, July 21, 1994.
• Feb. 9, 1994, obstruct legal process, battery on law enforcement officer; found guilty on both counts, March 31, 1994.
• June 7, 1994, driving with suspended license; amended to no driver’s license, pleaded guilty, July 21, 1994.
• Jan. 16, 1995, driving with suspended license, obstruct legal process, convicted on both counts March 7, 1995.
• June 19, 1995, “Fail to Comply” citation, Kansas Motor Vehicle Department, driver’s license suspended.
former_emporian (anonymous) says...
Thats quite a lot of probation for so many offenses and so little jail time was given. Every time the pedophile got caught he would inform on the people he was selling his dugs to and get a better deal from the e.p.d . If the police department really wanted to protect the citizens of emporia they would of put him away a long time ago.
September 5, 2007 at 3:19 p.m. ( permalink | suggest removal )
create (anonymous) says...
I agree that probation was given far too many times for the long list of offenses. That surprises me. However, it isn't up to the police to put anybody away or to make deals. It's up to the judicial system. While judges have sentencing guidelines, a history of offenses this long should have been enough to put him away a long time ago.
September 5, 2007 at 3:50 p.m. ( permalink | suggest removal )
madpoet (anonymous) says...
This makes you wonder how many more victims are out there...Hopefully he gets locked up for good now and can't harm anyone else. Considering what inmates do to pedophiles, his chickens will come home to roost soon.
September 5, 2007 at 3:53 p.m. ( permalink | suggest removal )
dhcc66 (anonymous) says...
It's good to see we get along on things now kstrebuchet. I also think that the judicial system needs an overhaul. It's not just this case, but all of the others in the news where victims are re-victimized or we find new victims because somebody is out on probation or somebody is out on parole.
Oh, and how about hanging that hat where the hook is??? How about accountability on behalf of the suspect?? Who do you think makes the decision to drive, or to not show up for court, or to rape somebody.......nobody can watch everybody all the time.
Lastly, you can either foot the tax bill for putting a whole bunch of people away for a long long time, or you can deal with what the courts will allow. The next time the issue of raising taxes for more prison beds comes up formeremporian, i hope you vote to increase your taxes to help keep us all safe.
September 5, 2007 at 4:44 p.m. ( permalink | suggest removal )
dale011 (anonymous) says...
The long list of law breaking makes you wonder who was getting paid off to keep allowing him to be on the streets.
September 5, 2007 at 4:57 p.m. ( permalink | suggest removal )
jasper007 (anonymous) says...
I'm not sure erveryone fully followed this trial. Granted, this guy should have stayed away from the minor females, BUT what are these girls doing hanging with this guy? From what I heard and read, everything was consensual. Some of the statements made by the girls were contradicting. Maybe everyone with kids should spruce up their act of parenting. Who would allow this type of behavior from a minor?
September 5, 2007 at 6:57 p.m. ( permalink | suggest removal )
dhcc66 (anonymous) says...
ok, first of all dale011....try opening your eyes. nothing he did prior to all of this stuff from the trial was enough to put him in prison. this was in the news weeks ago....
and jasper, try reading up on predatory behavior. how do you think jeff dahmer and some of his predecessors operated...it surely wasn't with somebody who wanted to get hacked up and put in a freezer. IT"S AGAINST THE LAW!!!!!!! If you have kids, you would realize that they look up to older people for the most part and some of them are easily persuaded. If this guy took advantage of that, then HE BROKE THE LAW!!!
If you don't realize that, then I have some great land to sell you.....as long as it's consensual
September 5, 2007 at 11:53 p.m. ( permalink | suggest removal )
gazette_reader (anonymous) says...
What I'm trying to figure out is why he didn't pop up on the KASPER (Kansas Adult Supervised Population Electronic Repository) Offenders list. I thought it was supposed to include any adult who has been arrested and convicted in Kansas (anything from a DUI to murder is in there). But nothing comes up under his name. The site is at http://www.dc.state.ks.us/kasper.
September 6, 2007 at 12:08 a.m. ( permalink | suggest removal )
glarson (anonymous) says...
The KASPER site is only for offenders who have been sentenced to time in state prisons. All of Magallanez's earlier convictions involved county jail time, not time in state prisons.
Gwen Larson
September 6, 2007 at 7:06 a.m. ( permalink | suggest removal )
logical (anonymous) says...
Unfortunately in far too many cases, serious charges are pleaded down to low level felonies or even misdemeanors. There are a lot of presumptive prison cases supervised on probation....based on plea agreements from the county attorneys office.
It's time to hold the county attorney accountable for all the plea agreements. You can only sentence according to what the defendant is convicted of.
KASPER is not all inclusive. It will only show cases a person was placed on community corrections or parole for since it's (KASPER'S) inception a couple of years ago. It will not show cases placed on court services, diverson or city court nor does it show all prior history.
September 6, 2007 at 9:50 a.m. ( permalink | suggest removal )
ghost (anonymous) says...
logical-your info is wrong...sentences are based on level of the crime plus criminal history...you also obviously don't know about defendants seeking departures from the courts...nor I doubt do you have any facts to back you up...and you would probably scream like mad at your tax bill going up to build prisons...you better check what your legislature is doing, not the prosecutors
September 6, 2007 at 4:40 p.m. ( permalink | suggest removal )
create (anonymous) says...
jasper007, read Patrick Kelley's editorial called "Demon Lover." It's on the opinion part, lower home page. It contains an excellent explanation of why these girls were hanging with this freak. Dhcc66 is correct, it's all part of predatory behavior. This freak kept telling those girls what he knew they wanted to hear and they believed it thereby tightening the noose on their own necks. No kidding, Kelley's article is worth taking the time to read.
September 6, 2007 at 5:07 p.m. ( permalink | suggest removal )
mythoughts (anonymous) says...
Yes, it was an excellent editorial. We need more parents taking "parenting classes" these days. Parents are the adults in the relationship, remember? Do your children love and trust you? There aren't any easy answers...I just hope family life takes an uptick soon.
September 10, 2007 at 6:15 p.m. ( permalink | suggest removal )