454 concurrent life terms in prison. FOUR HUNDRED FIFTY FOUR LIFE SENTENCES!!!
That was the sentence imposed on Daniel Guevara-Vilca, a 26 year old Peruvian warehouse worker in 2010.
What does someone do to warrant four hundred fifty-four life sentences in prison?!?!? Serial Killer Charles Manson is serving a life sentence in California State. Terrorist Hijacker Zacarias Moussaoui is serving one in the Feds. “Son of Sam” got 6 , Unabomber Ted Kaczynski is serving 8 life sentences and the BTK Killer got 10; one life sentence for each of his murder victims.
So what the heck did Guevara-Vilca do to get 454 life sentences?!?!
Using the file-sharing program LimeWire, he downloaded 206 photos and 248 videos containing child pornography on his laptop. Not to mitigate the offense, but there was no evidence he ever molested any of the children in the images or anyone, for that matter and this was his first and only offense.
Initially offered a 20 year plea deal, which STILL seemed harsh, Guevara-Vilca rolled the dice, took it to trial, was found guilty and handed the life sentences – hundreds of them.
The sentence seemed so disproportionate to the culpability (the individuals who actually molested the children would have likely received a lower sentence), that the case out of Western Florida was reported on in the NY Times. (http://www.nytimes.com/2011/11/05/us/life-sentence-for-possession-of-child-pornography-spurs-debate.html?_r=0)
Fast forward five years and the decision on Mr. Guevara-Vilca’s appeal was remanded. Not necessarily based on the harshness of the penalty, but whether evidence used against him (namely, a confession) should be suppressed.
While the Appeals court didn’t deal with the severity of the sentence (stating that decision would be moot anyhow, because it was being remanded on the other issue – a nice “political” move”), it did address it in the opinion. Specifically pointing out; “indeed, it is noteworthy that if Guevara-Vilca had been charged with possession of child pornography with intent to promote, he could have been convicted and sentenced for only one second-degree felony count rather than 454 third-degree felony counts. See Chesser v. State, 148 So. 3d 497, 499 (Fla. 2d DCA2014) (“The dates that the images were created was not determinative; if law enforcement discovered allthe images in one search, they supported only one conviction under section 827.071(4).”). (CASE)
That last point is important because it illustrates the disproportionate sentences handed down to those who “simply possess” CP. In this case, the Defendant could not have gotten this harsh a sentence had he actually promoted/distributed the CP, molested a child or even killed a child.
Hopefully the Trial Court will see things more reasonably this round.
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