WILLMAR -- A second man accused of raping a then 13-year-old girl on July 3 in Willmar was sentenced Monday on an amended charge.
Eriberto Leiva-Escobar, 19, of Willmar faced charges of criminal sexual conduct in the first and third degree after the July incident. Leiva-Escobar, Edwin Guerrero Reyes, 21, of Willmar and a 14-year-old boy took turns having sex with the girl during the incident.
Leiva-Escobar pleaded guilty to an amended charge Sept. 14. The first-degree count was amended to a fifth-degree charge of criminal sexual conduct -- a gross misdemeanor -- and the third-degree charge was dismissed.
On Monday, Leiva-Escobar was sentenced to a year in jail and fined $3,000 by Judge David L. Mennis. The sentence was the maximum possible without deviating from sentencing guidelines. Mennis stayed 135 days of the jail time and $1,500 of the fine. Leiva-Escobar was also given credit for 73 days already spent in jail.
Leiva-Escobar's sentencing comes less than a week after Reyes' sentencing. Reyes, who faced the same charges as Leiva-Escobar, pleaded guilty to an amended charge of fifth-degree criminal sexual conduct in September.
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On Thursday, Judge Michael J. Thompson sentenced Reyes to a year in jail and fined him $3,000. Thompson stayed 155 days of the jail time and $1,500 of the fine. Reyes was given credit for 70 days already spent in jail.
Charges were filed against Leiva-Escobar, Reyes and the teen after they incident took turns having sex with the girl at a house along the 200 block of Bernard Street Southeast.
The three males picked up the girl and her 17-year-old friend outside the nearby Dairy Queen between 8:30 and 9 p.m. According to the criminal complaint, the 17-year-old girl had called Reyes for a ride home.
From there, the two girls were taken to the Bernard Street residence. The 13-year-old girl was then taken into a bedroom and raped by the three males. Leiva-Escobar was said to have been the first to rape the girl.
While the act occurred, the 17-year-old girl was kept away from the bedroom. She told officers that she tried several times to get into the room, but was forced back. She said she later called her boyfriend, who arrived at the residence and picked the two girls up. The mother of the 13-year-old girl later reported the crime to the Willmar Police Department.
