A Washington state man was sentenced today to more than 30 years in prison for raping a California girl in 2015 and leaving her in a car in Astoria.
Russell Wayne Deviney, 50, of Everett, Washington, pleaded guilty last week to first-degree rape, first-degree unlawful sexual penetration, first-degree sodomy and using a child in a display of sexually explicit conduct. He originally was also charged with first-degree kidnapping, three counts of first-degree sexual abuse and second counts of the four charges for which he pleaded guilty before eventually reaching a deal with the Clatsop County District Attorney’s Office.
Authorities say Deviney abducted the 15-year-old girl in Sanger, California, in May 2015 after posing as an 18-year-old man on Instagram. After fighting with her mother one night, the girl allegedly left her house and entered a 2004 Nissan pickup driven by Deviney, who had encouraged her to do so through the social media app.
“I suffered and was tortured mentally,” the girl said in a statement read today in court by Clastop County Deputy District Attorney Ron Brown. “No child should have to consider the question, ‘How do I kill this guy so I can go free?’”
Deviney, authorities say, drove north without letting the girl leave the car. He raped her at a rest stop somewhere in Oregon and took pictures of her performing sex acts. He then parked at McDonald’s in Astoria, which police said was not his final intended destination, and left the girl behind and fled. Police arrested him south of Cannon Beach later that week.
The plea agreement included a presumed sentence ranging from more than eight years to more than 33 years in prison — or exactly 400 months.
Following statements by Brown, the girl, her mother and Sanger Police Detective Romero Garcia, Circuit Court Judge Dawn McIntosh’s intentions were clear.
“How do I get to 400?” the judge asked Brown. Legally, though, she concluded she could only sentence Deviney to 370 months.
In testimony before the court, Deviney described his past life as a married man with eight children, a job as a computer programmer and no prior convictions.
“I just really want to say how sorry I am,” Deviney said. “I am a father and I do understand this situation was a bad situation. This situation escalated into something I had never intended.”
But McIntosh found the rest of his statement to be too centered on self pity rather than remorse for the victim.
“I’m not going to lecture you because, frankly, I don’t think it will make much of a difference,” McIntosh said.
The two-year legal battle before the guilty pleas involved multiple motions that included requests for text messages on Deviney’s phone and video surveillance from a Walmart in Salem. Federal prosecutors, who considered charges stemming from the FBI’s involvement in the investigation, agreed not to pursue further charges.
Brown, Garcia and the girl’s mother all noted that the young woman went missing on Mother’s Day. “I celebrate Mother’s Day every day because I have her,” the girl’s mother said.