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22-year-old Marion man will serve life in prison for kidnapping, sex assault
Trish Mehaffey Nov. 14, 2014 5:53 pm, Updated: Jan. 25, 2023 1:40 pm
CEDAR RAPIDS - A 22-year-old Marion man was sentenced to life in prison without parole in the kidnapping, sexual assault and stabbing of a 20-year-old woman in 2013.
Bryan Roche was found guilty by a jury in September of first-degree kidnapping, first-degree sexual abuse, attempted murder and willful injury causing serious injury, following a four day trial. He sexually assaulted and stabbed the woman twice, while holding her against her will for two hours April 21, 2013 in Cedar Rapids.
Sixth Judicial District Judge Ian Thornhill ran the two life sentences, the 25 and 10 year sentences concurrently as requested by Linn County Attorney Jerry Vander Sanden and Roche's attorney Mark Brown.
Thornhill also ordered Roche be on the special sentence of lifetime parole because it's a sexual offense, and for Roche to register as a sex offender in the event his life sentence was ever commuted someday. Victim restitution also will be ordered when the final expenses are submitted to the court within 30 days. The victim had numerous medical bills from the assault.
Roche declined to make an allocution before the judge sentenced him. A family member and friend of Roche's attended the hearing.
The victim didn't attend the sentencing and didn't submit a victim's impact statement.
Vander Sanden said in light of the mandatory life sentences, the victim decided not to make one because it wouldn't impact the outcome.
Brown made motions for new trial and arrest of judgment, arguing the kidnapping and sexual assault charges should merge and the attempted murder and willful injury charges should merge because they had overlapping elements. Brown also argued the prosecution didn't prove elements of the charges.
Vander Sanden argued the motions were without merit and should be denied. The merger argument doesn't apply because each of the charges contain different elements not included in the others. He also said the same issues were raised by the defense at the end of the trial and the judge already denied those.
Thornhill said there was sufficient evidence to establish guilt on all charges and he agreed with Vander Sanden on the merger issue. The motions were denied.
During the trial, doctors testified the stab wounds in the victim's neck and abdomen were life-threatening injuries and she would have died without emergency treatment and surgery.
Roche in a police interview played for the jury said he didn't know why he stabbed her. He just wanted her to stop screaming and 'be quiet.”
The victim got away from him and locked herself in a bedroom, but Roche stayed outside the door until he thought she wouldn't survive, Roche told police. He knew if she survived, he would go to jail.
The victim said after he left, she went to a neighbor's apartment downstairs for help. Gary Schwab, a neighbor, said he tried to apply pressure to stop the bleeding on her neck and stomach and had his daughter call 911.
Bryan Roche looks back to a family member before his sentence hearing at the Linn County Courthouse in Cedar Rapids on Friday, November 14, 2014. Roche, who was convicted of first-degree kidnapping, first-degree sexual abuse, attempted murder and willful injury causing serious injury, was sentenced to life in prison. (Sy Bean/The Gazette)
Bryan Roche's attorney, Mark Brown, discusses technical aspects with the judge during Roche's sentence hearing at the Linn County Courthouse in Cedar Rapids on Friday, November 14, 2014. Roche, who was convicted of first-degree kidnapping, first-degree sexual abuse, attempted murder and willful injury causing serious injury, was sentenced to life in prison. (Sy Bean/The Gazette)
Sixth Judicial District Judge Ian Thornhill listen to Bryan Roche's attorney make a plea at the Linn County Courthouse in Cedar Rapids on Friday, November 14, 2014. Roche, who was convicted of first-degree kidnapping, first-degree sexual abuse, attempted murder and willful injury causing serious injury, was sentenced to life in prison. (Sy Bean/The Gazette)
Linn County Attorney Jerry Vander Sanden upholds the initial charges brought against Bryan Roche, who was convicted of first-degree kidnapping, first-degree sexual abuse, attempted murder and willful injury causing serious injury, at the Linn County Courthouse in Cedar Rapids on Friday, November 14, 2014. Roche was sentenced to life in prison. (Sy Bean/The Gazette)
Attorney Mark Brown looks to his client Bryan Roche after Roche denied the offer to speak during his sentence hearing at the Linn County Courthouse in Cedar Rapids on Friday, November 14, 2014. Roche, who was convicted of first-degree kidnapping, first-degree sexual abuse, attempted murder and willful injury causing serious injury, was sentenced to life in prison. (Sy Bean/The Gazette)
A family member and friend listen to the final sentencing of Bryan Roche, who was convicted of first-degree kidnapping, first-degree sexual abuse, attempted murder and willful injury causing serious injury, at the Linn County Courthouse in Cedar Rapids on Friday, November 14, 2014. (Sy Bean/The Gazette)
Bryan Roche, who was convicted of first-degree kidnapping, first-degree sexual abuse, attempted murder and willful injury causing serious injury, is taken away in handcuffs after being sentenced to life in prison at the Linn County Courthouse in Cedar Rapids on Friday, November 14, 2014. (Sy Bean/The Gazette)

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