Crime

Man who pleaded guilty to North End rape admits he used cloak of darkness to deceive victim

A 26-year-old Garden City man who pleaded guilty to rape Wednesday told a judge how he slipped into bed next to his victim, who initially thought the attacker was her boyfriend.

“I was in her home, and it was dark in her room. I wasn’t supposed to be there,” Andy Gallegos said in court, according to court records.

Soon after they began to have sex, the woman realized that the man in her bed was a stranger, he said. She told him to get up.

“When she went to turn the light on, I fled,” Gallegos told Judge Steven Hippler.

“Did you intend to use the dark to fool her?” the judge asked.

“Yes,” Gallegos said.

Gallegos faces a fine of up to $50,000 and life in prison for that crime, which occurred Sept. 16, 2010. He also faces a fine of up to $25,000 and 15 years in prison on a charge of attempted rape in an August incident.

He entered an Alford plea on the attempted rape charge. That’s a guilty plea that means the defendant acknowledges that prosecutors have enough evidence to prove guilt beyond a reasonable doubt.

The judge asked Gallegos if he entered the Alford plea because he didn’t intend to try to rape the victim in that case, and Gallegos responsed affirmatively.

Gallegos will be sentenced in 4th District Court at 3 p.m. Aug. 11.

Both attacks happened in Boise’s North End in late summer 2010. A trial date was set for August, but Gallegos reached a plea deal with prosecutors.

The attempted rape occurred Aug. 29, 2010. Prosecutor Cathy Guzman said in court Wednesday that Gallegos violently attacked a woman in her bedroom.

The assailant struck her in the face and put blankets over her head, but she was able to fend him off and run out of the house to get help at a convenience store, Guzman said. Her face was swollen and there was extensive bruising to her lips, gums, jaw line and ears.

Investigators found blood on the walls and bed. The next day, the victim found a hat under her bed, Guzman said, and DNA from the hat linked Gallegos to the crime. He confessed to being in the house, when questioned by police, she said.

Burglary and battery charges brought against Gallegos were dismissed because of a five-year statute of limitations.

When he was arrested in January, Gallegos was also charged in the rape of a woman in Winstead Park by three men in July 2009. That charge was dismissed in February after prosecutors determined the encounter was consensual.

Gallegos was previously convicted on two counts of battery, after being accused in a series of 12 groping incidents that took place in Boise and Meridian between 2006 and 2008.

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