Rape Conviction Nets Fayetteville Man Two 30 Year Terms

Figueroa
Figueroa

FAYETTEVILLE -- A Fayetteville man was convicted of raping a University of Arkansas student in September 2012.

Cesar Michael Figueroa, 24, was convicted of two counts of rape Tuesday in Washington County Circuit Court and sentenced to consecutive 30 year terms at the Arkansas Department of Correction for the attack on the University of Arkansas campus.

Legal Lingo

Consecutive Sentence

When a criminal defendant is convicted on multiple counts, the sentences for each must be served one after the other. This is distinguished from concurrent sentencing, in which sentences for multiple counts are combined into a single period, whichever is the longest of the separate sentences.

Source: uslegal.com

The jury took about 30 minutes to find Figueroa guilty and another 45 minutes to return at a sentencing recommendation. Figueroa must serve at least 70 percent of the sentence before becoming eligible for parole.

Figueroa addressed Circuit Judge Mark Lindsay before he was sentenced.

"I do care abut the feelings of (the victim) and her friend. I, too, have been a victim and I do take it seriously," Figueroa said. "I hope when you are thinking about the sentencing you're not too harsh on me. Only God knows my heart and he knows I am not a monster."

Lindsay considered for several minutes whether to run the sentences consecutively or concurrently.

"At no time did you express any actual, specific remorse or did you apologize to the victim of this crime. Instead you told the court you are a victim, also," Lindsay said. "If you had stolen her car, I could order you to pay restitution. But, in a case like this, you have taken something from her and you can't give it back."

The victim, a 23-year-old senior at the time, told jurors Tuesday she has lost the ability to feel safe, her sense of self-confidence and has had to put her life plans on hold.

"It's better to do nothing," she told jurors. "It's better to just stay in place and be there. I've lost my faith in humanity."

Amy Driver, a deputy prosecutor, urged the jury to return a life sentence for Figueroa.

"This is something that will be with her for her entire life," Driver said. "She will never be the same."

The woman was walking back from Dickson Street to her residence about midnight when she was attacked from behind and sexually assaulted in a dark parking lot off Maple Street, on the northeast side of campus. She was not able to identify her attacker at the time but DNA from another person was found on her shirt.

In August 2013 a match was made to Figueroa's DNA, which was submitted to a state DNA database after an unrelated arrest.

"She went through what is every woman's nightmare and every college student's absolute nightmare," Prosecuting Attorney Matt Durrett told jurors. "It's a terrible nightmare that's gone on for two and a half years."

Durrett asked jurors to look at the evidence and find Figueroa guilty.

"We have a woman who was brutally attacked and raped on Sept. 2. We have his DNA on her shirt and, we have his confession," Durrett said in closing argument. "The evidence proves it. It's the right thing to do. And, the law requires it."

Figueroa denied the allegations from the witness stand and told jurors he told police what they wanted to hear in the interview because he thought they would release him to go home to his wife and kids. He said he and a friend were on Dickson that night and went home together about 2 a.m.

Figueroa faced 10 to 40 years or life in prison without parole on each count.

Afterward, Durrett said he was happy the victim was able to hear a guilty plea come from a jury, even if it took awhile.

"You can't really start the process of healing until this is done," Durrett said. "I hope she can start the healing process now."

NW News on 03/04/2015

Upcoming Events