Magallanez
By Bobbi Mlynar
mlynar@emporiagazette.com
The mother of an accused sex offender warned a young teenager that her son was a sexual predator, according to testimony given Monday morning in Lyon County District Court.
The second of three alleged victims continued her testimony in the trial of Raul Manuel Magallanez Jr. Magallanez has been charged with one count of raping a 13-year-old girl and multiple counts of indecent liberties with a minor, furnishing alcohol to a minor with illicit intent, aggravated sodomy, and one count of aggravated incrimination of a witness. Three cases against the defendant have been combined into one trial.
Girl No. 2 recounted a conversation with Magallanez’s mother in late 2006. During her testimony and playing of a video recording of an interview with a detective, she referred to the defendant as both “Manuel” and “Malachai,” a name Magallanez allegedly used on Internet sites.
The girl said that she had been outside at the home of the defendant, whom she called ‘Manuel,’ and his mother when the woman called her inside.
“She’s like, ‘How old are you really?’ ‘I’m really 15. ... (Magallanez) told me to tell his mom if she ever said anything (to say) that I was 19,” said the girl, who was 14 when the relationship began. “I guess he didn’t want his mom to know he was hanging out with ’way younger girls.”
Girl No. 2 said Magallanez had told her to act older, so she put on makeup and tried to dress accordingly.
“I dressed like I was older,” she said. “... Sometimes I would wear skirts and stuff, sometimes jeans. Kinda dressy.”
She said the defendant’s mother talked to her about a specific situation.
“She’s like, ‘You know that he is a child predator,’” the girl said. “And I’m like, ‘No, I did not know that,’ but I figured it out after all the times I had sex with him that he was indeed one. ... So after that, I pretty much quit hanging out with him.”
The girl said that at times Magallanez had given her marijuana, wine coolers, and mixed drinks that contained vodka and Cherry 7-UP.
“The first time we did go over ... he gave me some weed, marijuana. ... We smoked it in his bedroom,” Girl No. 2 said.
Like Girl No. 1, the teenager said that she had sneaked out of her house and Magallanez had picked her up. They sometimes went to his house and sometimes went for rides in his car.
“Sometimes we would go to people’s houses because he sold marijuana to people,” Girl No. 2 said.
She said that she had gotten sick once in Magallanez’s bedroom after drinking wine coolers too quickly.
“I was drinking at least probably four or five wine coolers really fast. ... I got sick and I threw up in his room,” she said.
The girl described two other scenarios, in addition to her testimony Friday afternoon, that included sexual intercourse with Magallanez.
She said that they had been driving around Emporia before the defendant took her outside the city limits. Magallanez initiated a sex act and later asked her to “get on top of him,” she testified, her voice becoming difficult to understand because of her crying.
“He wanted to have sex with me,” she said. “I was scared. I just felt like it was, like this is kind of wrong ... I didn’t know what he would do to me, so I did it.”
The girl said that at one time Magallanez videotaped her on his bed at his home.
“He took out a camera and at first I didn’t know what he was doing and he told me, he’s like, ‘Why don’t you take off your top?’ and I did and he told me, like, ‘Those are nice,’ and he goes on about how ... I don’t really remember,” she said.
She said that she laid down on the bed and the defendant told two teenaged boys to perform some foreplay-type actions on her while he videotaped.
“He said he was making it for some video he liked to call ‘Teens Gone Wild,’” she said.
She had been drinking alcohol that night and said that Magallanez had not encouraged her to drink.
“No, I’m the one that decided I would drink it,” Girl No. 2 said.
In another incident, the girl said that Magallanez took her to the home of one of his friends and they were drinking alcohol.
“He made me do his friend, Victor, and I did,” Girl No. 2 said. “We went in there and did it for about 15 minutes.”
The man sodomized her, she said.
Comments
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Posted by paxsona (anonymous) on August 20, 2007 at 4:37 p.m. (Suggest removal)
I use to work with this guy at McDonalds on the turnpike. He use to always talk about how he was on probation, and that he had to stay away from what he was doing before he got in trouble. He would never come to work, cause he was always hung over. He use to talk about how he would have to go to his " ex's" job to make sure she was okay, since she had to stay there and close by herself. He was always talking to someone on his cell phone too.. What a nasty piece of crap. I cant believe what the world has come to lately. YUCK
Posted by create (anonymous) on August 21, 2007 at 8:42 a.m. (Suggest removal)
Why didn't the mother of the accused report his activities to the police instead of just telling the kid about it? If the mother hasn't been charged yet she should be.
Posted by paxsona (anonymous) on August 21, 2007 at 11:16 a.m. (Suggest removal)
I completly agree with that statement. I wish I could say some stuff in court cause I would. McDonalds should get in trouble for letting a sex offender work with girls under the age of 18.. People are sick now in days
Posted by create (anonymous) on August 21, 2007 at 12:27 p.m. (Suggest removal)
I agree with you about McDonald's employing a sex offender where so many under-18 girls (and boys) work. How about it, McDonalds, don't you do background searches on potential employees? If you had, you would have certainly uncovered this guy as a sex offender. Or did you know and employed him anyway? There's a lot going on with this case and we need to pay very close attention to a lot of things.
Posted by shawnah (anonymous) on August 21, 2007 at 12:31 p.m. (Suggest removal)
The so-called "mother" always knew what her son was up to. He lived with her for God's sake. She's just as sick as he is. The apple doesn't fall too far from the tree. She always knew. In 2001, Manuel attempted to kidnap his girlfriend at the time, and throw her in the lake, his mother told him then, make sure you don't leave any marks. They are both twisted and disgusting, and should be taken out of society for the rest of their known lives.
Posted by former_emporian (anonymous) on August 21, 2007 at 12:41 p.m. (Suggest removal)
once again I say the emporia police department is at fault
Posted by annonymous (anonymous) on August 21, 2007 at 5:54 p.m. (Suggest removal)
His mother has been looking the other way for years, while he paraded young girls AND young boys in and out of her house. It is sick! The sad thing is that any punishment our justice system will give him will NOT even come close to what he actually deserves! However it is comforting to know that the children in Emporia are a little bit safer now because he is in jail.
Posted by UserName (anonymous) on August 21, 2007 at 6 p.m. (Suggest removal)
God, I'm probably going to get slammed for this, but..ok.
While we are prescribing punishment for this jerk and his mother, let's not forget the victims. We have underaged kids smoking pot, drinking alcohol, and hanging out with and having sex with an adult.
Now I don't want to minimize what happened to these kids, but where is THIER personal responsibility? It's not like they were innocent 5 year olds. They knew what they were doing was wrong because they were sneaking out without their parents' knowledge, hiding messages, etc. Shouldn't THEY share some of the responsibility?
Posted by MelissaE (anonymous) on August 21, 2007 at 8:16 p.m. (Suggest removal)
UserName, I completely understand what you are saying but here is where I differ:
I don't think anyone should say that a 15 y.o. kid should be responsible for his/her actions.
My point?
WHERE THE HELL WERE THEIR PARENTS? HOW COME THEY AREN'T ON TRIAL, TOO?
Any parent who thinks their 15 y.o. (average age) daughter should be over at some guy's house without supervision is an idiot. Any parent who gives a 15 y.o. a cell phone and fails to check it and/or put restrictions on it, must be just as high as the 15 y.o.
M
Posted by former_emporian (anonymous) on August 22, 2007 at 1:13 a.m. (Suggest removal)
The kids are responsible for their own actions. any 15 year old (avg age) has had at least 10 years of D.A.R.E and "just say no" type of programs taught to them in school. And if the parents were up to speed they were stressing the importance of staying away from drugs and alcohol. at 15 you should know right from wrong and sneaking out to do drugs with a 32 year old "man" is WRONG. yes the victims were not angels but the pedophile gave them a place to hang out and do things they knew weren't right or legal. and for that they paid a high price, their innocence.
Posted by siamesefred (anonymous) on August 22, 2007 at 7:22 a.m. (Suggest removal)
As for McDonald's checking histories.... from what I've heard, this man has never before been convicted of a sex crime, so no employer would have known. If he is convicted, however, he will have to register as a sex offender as a condition of release from prison.
I understand the feelings about the 15 year olds but I don't believe children that young can truly give consent because I don't believe they can truly say no either. I do believe that they can find themselves in positions that spin quickly out of their control and not know how to stop things.
I looked around the other day at my 14yo son and realized he's just 4 years away from when I felt confident deciding my future when I accepted a marriage proposal at age 18. It's worked out... I'm still with my husband after many trials. Looking back, however, I realize there is no way I was old enough to make that decision.
I, too, have to wonder where the parents were. As a parent, however, I know how hard it is to keep tabs on your children 24/7. We live in the country, which helps, because our kids can't get anywhere without us taking them. When they start driving, however, my headaches begin.
They have friends who live in town, though, and I'm always amazed at the number of kids who just "hang out" with a vague holler to their parents that they're going uptown. After that, there's no telling where they really go.
I do believe that parents, however, have a responsibility to know the houses and occupants of those houses where their children are going. My kids have some friends who are welcome at our house, but I don't know their parents well enough to allow them over there. And my children are not allowed at houses where there is no supervision nor can they have friends over when we're not home.
On the other hand, if you've got a daughter wanting to spend time with her boyfriend and you don't want it to be without adults present, wouldn't you welcome the fact that there's an adult relative home willing to chaperone? You can't always tell that chaperone is just lying in wait for a new victim.
We can point all the fingers we want, but the bottom line is that many lives were seriously damaged from the calculated actions of one man. He's on trial, and I hope the jury can sort through all the emotions and blame and convict him.
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