Jail Time Satisfies Law; Rapist Released - Mountain News : Website Exclusives

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Jail Time Satisfies Law; Rapist Released

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Posted: Wednesday, August 5, 2015 2:35 pm

The time a Lake Arrowhead man spent in county jail awaiting trial on sex charges satisfied the requirements of the law, so when he was sentenced to nine years in state prison on July 24, Brandon Louis Schilling, 32, was promptly released from custody.

Court records say Judge J. David Mazurek had imposed the upper term of eight years on Schilling for his guilty plea to raping a drugged victim, and an additional year for having served a prior prison term for a nonviolent felony.

But Schilling, who was arrested on Feb. 15, 2011, for reportedly drugging and then sexually assaulting a 17-year-old girl who was visiting his family in December 2010, has already been behind bars for a total of 3,240 days, was deemed to have served his full sentence and was released.

Under California law, prisoners who demonstrate good conduct while in custody are credited an additional day for each day they serve, so the 1,620 days Schilling had spend in county lockups was doubled.

Schilling was fined $70, and payment of a $300 restitution fine was stayed until he completes his parole successfully. Schilling was ordered to report to his parole officer no later than July 29.

On a motion by Deputy District Attorney Mononique Tervalon, Judge Mazurek dismissed three additional felony charges against Schilling. They included rape of a drugged victim, sodomy with the victim unconscious of the nature of the act and oral copulation of an unconscious victim.

On July 2, Schilling pleaded guilty at a trial-readiness hearing to one count of raping a drugged victim. The crime, investigators say, occurred in December 2011 at his home in Lake Arrowhead. Schilling reportedly gave his victim alcohol and marijuana, causing her to lose consciousness before he sexually assaulted her.

The girl, who lives in Arizona, reported the incident to family members, which touched off an investigation by both the Colorado River and Twin Peaks sheriff’s stations, leading to Schilling.

In addition to the sex charges, Schilling had also been arrested on May 31, 2014, while in custody, for possession of drugs and/or drug paraphernalia, a felony. Court records say that case was dismissed following his sentencing in the sex case.

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