A Vancouver man whose child rape trial ended in a mistrial in May was sentenced Wednesday to nearly two years in prison after he agreed to take a plea deal to reduced charges.
Ian Andrew Heller, 26, previously pleaded guilty in Clark County Superior Court to one count of third-degree child rape and bail jump. The abuse happened sometime between the summer of 2011 and April 2012.
Heller raped a teenage girl, whom he knew, when she was 14 years old and then fled to Cambodia last year to avoid prosecution. He was apprehended by local police in the Preah Sihanouk province for having an “illegal expired passport,” according to The Cambodia Daily. Clark County sheriff’s deputies picked him up Sept. 30 when he arrived in Los Angeles.
Heller originally faced two counts of second-degree child rape, two counts of third-degree child rape and bail jumping. However, in exchange for his guilty pleas, the other charges were dismissed.
During his trial, the jury heard three days of testimony, which included the victim and Heller, but the jury could not reach a verdict and a mistrial was declared.
Admonished by judge
Deputy Prosecutor Patrick Robinson said Wednesday that the victim is upset about the plea deal, but Robinson said he feels it’s a good resolution. He said he was concerned about the victim going through another trial and the possibility Heller could be acquitted.
Heller’s defense attorney, Bob Vukanovich, said he felt there were many questions about the victim’s testimony and her credibility.
He argued during the trial that Heller was being falsely accused of child rape. He said the girl fabricated the story, following a “mooning” incident involving Heller, his then-girlfriend, the victim and her male friend. Heller apparently became upset with the male friend after he “mooned” his then-girlfriend while she was sleeping.
On Wednesday, Vukanovich referenced information in a pre-sentencing investigation, which noted the girl’s claims that she was repeatedly abused in her home without her mother or anyone else noticing.
Heller then apologized to the court for leaving the country and for dragging out the case.
“Don’t apologize to me. You’re apologizing to the wrong person,” Judge Gregory Gonzales said.
Gonzales went on to say that he doesn’t believe Vukanovich was trying to place blame on the girl’s household. He said he believes Heller purposely targeted the girl because of her family situation.
“You had no business entering into a relationship with a 13-year-old girl at any time. There’s no doubt in my mind you sought her out,” he said.
Gonzales said Heller deserves more prison time than what was agreed upon by the attorneys but said he would follow the recommendation.
He added that Heller has been “arrogant” and “uncooperative” through the court process. “I don’t believe one bit of what you’ve told the court, not one bit of it,” he said.
Gonzales sentenced Heller to 21 months in prison on the rape charge, with 328 days credit for time served, and 17 months on the bail jump, with 316 days credit. The charges will run concurrent. He was also sentenced to 36 months of community custody, must register as a sex offender, undergo sexual deviancy treatment and is not to have contact with the victim or minors.
Gonzales said Heller may be able to have contact with his young children if he completes treatment.
