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SAN JUAN COUNTY JUVENILE COURT |
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Email this page to a friend Related pagesProsecutor Office press release: Second rape case ends with five guilty verdicts | |
Coulter sentenced to 79 to 120 weeks | |
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posted 03/15/04
Coulter will be credited for 124 days already served. A 30-day sentence for criminal trespass and a 90-day sentence imposed by District Court Judge Stewart Andrew for carrying a knife into a courtroom will be served concurrently with the sexual assault sentence. |
Sentencing informationUnder state law, sentences for juvenile offenders are limited by the 300 percent rule. The maximum standard sentence cannot exceed three times the maximum standard for a single charge. In this case, the maximum standard for second-degree rape is 40 weeks. Three times 40 equals 120 weeks. The maximum standard sentence for indecent liberties is 30 days. |
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"This has been a horrific ordeal," Coulter said, struggling through tears. "There is no winner, everyone here has lost. Time, patience and a lot of love will heal these wounds. I can’t erase what happened. If I could I would. I want to change, I know I can. I am still a boy, scared and confused. I lost my senior year and lost respect." Referring to the requirement that he register as a sex offender, he said, "In the future I will either be forgiven, forgotten or hated and blamed. I will carry this with me to schools, jobs, and relationships. That is the greatest and most fearful punishment I can receive." In addition to Coulter's statements, Judge Churchill also listened to comments from one of the victims, the mothers of two other victims, a Coulter family friend and Coulter's parents before pronouncing sentence. Churchill said: "Travis, you have hurt people you have not just made mistakes you committed crimes. It is my firm belief and hope you will stop blaming others, minimizing the effect of your actions and make changes in your life." She noted that Coulter appeared to be making positive changes already. "I have never thought you were all bad. I did think your actions were criminal. I wish the best for you." Both of the victims' mothers broke down as they recounted the changes in their daughters after the rapes. The mothers ended up sending their daughters out of state to live with their fathers and step-mothers. Their daughters should have been in this year's senior class at Friday Harbor High School, they said. "I think of all these girls and the time they have already done," one mother said. "They have opened the eyes of the community. It wasn't just the loss of virginity, it was the loss of youth, trust and home." Churchill urged the victims to undergo counseling. "You no longer have to be victims, you can grow stronger from this adversity," she said. Travis' mother, Chris Coulter said, "I have to wonder how my wonderful boy could have caused such damage. I had to look in the mirror. I was a single mother in a community I have always loved. I wanted to believe Travis wasn't drinking. If I had been more vigilant these girls and my son could have been spared this ordeal. My home is empty also. He needed me to be a better parent than I was." Family friend Rob Sandwith recalled the close relationship his family has had with the Coulters. Travis was in his wife's kindergarten class. "Since he has been at Island County jail, my wife has written to him each week. He writes back and has talked about his new relationship with the Lord and about going to AA meetings. We believe he is ready to accept the consequences of his actions." Terry Coulter, Travis' father, said, "Labelling him as a sex offender and what he will have to mature to is staggering. That stigma is more punishment than warranted by the crime." He suggested the judge impose a minimum sentence with the idea the family would see Travis received intensive therapy. "We need to look at how do we make provisions for this individual to live the rest of his life," he said. When Travis spoke to the judge, he wanted to set the record straight in respect to his mother and to the entire community. "I don’t feel it was right to judge the community on my actions," he said. "The court blamed my mother. I do not wish any responsibility to be directed at anyone besides myself." Churchill had sharp words for the community when she found Travis guilty, Nov. 18, 2003. "I was amazed my words had as much impact as they did," she said. "I appreciate what you said about your mother. It comes down to ... you are responsible for your own actions." She had final words for the community. While not saying the rapes were solely the result of alcohol abuse, she said, "You must come to the decision that teen drinking must stop. It is up to the parents and the community. You need zero tolerance inside and outside the home. I urge you to report instances of drinking and support the legal consequences when it happens. Don't let it get this far. Your children hang in the balance." Second teen found guilty of three counts of rape | |
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posted 11/18/03
After ruling, Judge Churchill chastised the community, "Where are the parents? If this is what this community believes is acceptable, you have problems and you have bigger problems than you know. You wouldn't let your kids play in a busy street. Why do you allow them to drink and have sex and go through these types of situations? This community must take a good hard look at itself." The emotional toll on the victims and family members was evident. Coulter was tearful as he was handcuffed and taken into custody. His mother, Chris, was crying and consoled by friends. The victims broke down in tears and were led to the law library for privacy. The people in the packed courtroom listened for more than an hour as Churchill meticulously went through each of the five charges. She explained the burden of proof the prosecution had to meet. She found the testimony of the victims and the prosecution's witnesses credible. At one point the judge referred to Coulter's testimony as "far from being credible his testimony borders on the incredible." Testimony by his mother was also not credible, Churchill said. Referring to Chris Coulter's testimony that she did not hear anything after she returned home late on the night of the second incident, Churchill said, "If Travis' mother is unaware. She is either a very strong sleeper or she ignores much of what is going on around her -- especially her son’s wrongdoings." The charges filed against Coulter involved three victims and four incidents. The first incident involving Victim A occurred in 2000. The second and third incidents involved Victim B and occurred in Sept. and Dec. 2001. The fourth incident involved Victim C and occurred in March 2003. (The charges are detailed in the column to the right.) The charges against Coulter overlapped with charges filed against another Friday Harbor High School senior, Joe Ausilio. He was found guilty of raping Victim B and Victim C in the second and fourth incident. The nine-day trial included testimony from the defendant, the three victims, mothers of two of the victims, the defendant's mother, a forensic scientist, a gynecologist from Pennsylvania, a former state toxicologist, a retired San Juan County Sheriff's detective and a local doctor. Other witnesses included friends, high school staff and students. Defense attorney Charles Dold said, "There was no control over these young ladies. They weren't raped. They had sex under circumstances strongly suggestive of voluntary." He also said, "Victim C had no reason to trust Travis. None. Given what happened to Victim B. She had no reason whatsoever to trust him. The prosecutor brings up the issue of trust. It allows her not to be responsible and moves the responsibility to Travis." In his closing remarks, San Juan County Prosecutor Charlie Silverman said, "Travis had gone from one on one, to taking turns, to a gang rape of one of his best friends. What we've got is two predatory teenagers who learned, as evidence has shown, that in a small community the girls aren't going to the authorities. They are embarrassed. They have to deal with mutual friends. The girls were more concerned about getting the boys in trouble." |
CHARGES:Count I: Second-degree rape. According to court documents, the defendant is accused of giving a 14-year-old girl alcohol in 2000 and sexually assaulting her while she was unconscious. This is a Class A felony punishable by 15 to 36 weeks of confinement. Count II: Attempted indecent liberties. The first defendant and the second defendant allegedly provided alcoholic beverages to a girl in September of 2001. According to court documents the girl passed out and when she came to, the second defendant was sexually assaulting her. A friend of the girl saw what was happening and went to the first defendant for help, according to court documents. Instead of helping, the first defendant tried to sexually assault the victim, the friend alleges. Attempting indecent liberties is a Class C felony with a standard range of up to 12 months community supervision, $500 fine and up to 30 days confinement. Count III: Second-degree rape by forcible compulsion and/or with a victim who was incapable of consent by being physically helpless and/or mentally incapcitated. The same victim in Count II was allegedly forcibly assaulted by the first defendant in December of 2001, according to charging documents. This is a Class A felony, punishable by 30 to 40 weeks of confinement. Count IV: second-degree rape by forcible compulsion and/or with a victim who was incapable of consent by being physically helpless and/or mentally incapcitated. A third victim was given alcohol and assaulted by both defendants in March of 2003, according to charging documents. This is a Class A felony, punishable by 30 to 40 weeks of confinement. A disposition, or sentencing, hearing will be set for some time in the next two weeks. Coulter will remain in custody. |
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The rapes weren't reported to authorities until after the fourth incident, which occurred on March 4, 2003. Each girl testified they had confided to someone close to them shortly after the individual incidents. Victim A called a friend the night of her incident and told her she had been raped. The friend and the friend's stepmother affirmed Victim's A's story. Victim B confided in a friend the day after the incident in the third count. She did not break down and tell her mother until about eight weeks later. She begged her mother not to tell the authorities. She went to the prosecutor's office after the incident involving Victim C. "I got upset, it obviously didn't stop with me. That was not OK," she testified. "I decided to come forward too." Dold said the girls were trying to be "righteous babes." He said, "When the adults got their hands on it, they made assumptions. They listened and heard what they wanted to hear." In her final remarks, Churchill said, "These girls' silence allowed this to go on long after it should have stopped. Only after one girl said, 'this is wrong,' did it stop." Silverman attempted to show the two boys were close friends who planned the sexual assaults. The two shared the same birthday and attended school together since first grade. Ausilio was the quarterback last year on the high school football team and Coulter was a receiver. The boys "high fived" each other after the second and fourth incident according to testimony. Travis played down his relationship with the Ausilio. "He wasn't my best friend," he said. "Friday Harbor football is probably the worst program there ever is. There was no strong bond from playing football. They'll take anyone." Churchill ruled Coulter was not credible when he said he was watching MTV and not his friend Joe having sex with Victim C next to him on the couch. "If this is such an everyday occurrence," Churchill said. "Then the situation is even more disturbing. This is nothing short of pornography. This is sleazy, dirty pornography that feeds the infantile sexual fantasies of Joe Ausilio and Travis Coulter. It is one they had the opportunity and the power to control." She noted the pattern Coulter exhibited of apologizing to his victims. "Travis is a master of indulging and then saying sorry," she said. "For all his popularity with the girls, he secretly despises them. I fear for this young man." One piece of evidence was a note Coulter wrote to Victim C the day after she was raped by the two boys. It said:
Dold said, "I don't believe the card can be interpreted as a confession or responsibility or guilt of a crime." He asked the defendant why he wrote the note. Coulter said, "(She) was regretting the night. I feel no girl should face regretting a sexual episode. I felt bad that she felt she regretted it. My purpose was to calm (her), to comfort her." The reference to being tricked did not mean he had tricked her, Coulter said. He was trying to give her an excuse for what happened. He said he meant to tell her: "As long as you can get over this, you can believe anything you want." Asked if he felt responsible, he said, "I felt responsible that I was involved in a sexual act she regretted." He did not believe the incident was his fault. Churchill said, "The note is his own condemnation. He admits to feeling dirty and perverted, which he was. He admits to letting her down, which he did. He admits to tricking her, which he did." The charge of criminal trespass was filed after Coulter violated a court order in August. " He hid in (Victim C's) closet and laid in wait," said Judge Churchill in her ruling. "He came out to frighten and intimidate her." Coulter was barred from living on San Juan Island after the incident and was living with relatives on the mainland. Coulter will remain in custody while awaiting disposition, or sentencing. Juvenile defendant ordered to stay out of the countyposted 08/18/03
Eaton stated: "...this is the second incident with the same victim where he has been found guilty of the same type of violation, whereby previously he has been directly ordered not to have contact with any of the victims or he would be facing detention until trial." The court documents show that the court found probable cause to believe the defendant is a threat to public safety and will intimidate witnesses or otherwise unlawfully interfere with the administration of justice. According to court records, Eaton is reluctant to confine anyone prior to a finding of guilt. In his August 13, 2003 ruling, Eaton said the defendant is forbidden from returning to San Juan County except for court appearances. At the August 13 hearing, Eaton warned the defendant that no matter how minimal any further violation might be, he will order detention. DEFINITIONS OF RAPE
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