Man Who Raped Teen While She Died of Overdose, Texted Explicit Photos Will Serve Fewer Than 3 Years

Last week, a Washington State judge sentenced an admitted rapist to 34 months in prison for the role he played in the overdose death of an 18-year-old woman earlier this year. But first, the judge took a moment to voice her frustrations with the state-mandated sentencing limits that restricted her from imposing a harsher sentence against 20-year-old Brian Varela.

Varela admitted sexually assaulting an unconscious Alyssa Noceda back on Feb. 3. He then sent partially-nude photos of her to a group text.

Varela boasted about having sex with the Mariner High School student to his co-workers at Dairy Queen, where he then worked a double shift before returning home to stuff her body into a crate with plans to bury it later.

“She died having sex with me,” Varela — who is from Lynnwood — told a co-worker at a local Dairy Queen, where he worked the next day after waking up in his bed alongside the victim’s lifeless body.

The overdose occurred hours after a party, which was held the previous evening.

Varela recently pleaded guilty to manslaughter, rape and unlawful disposal of remains. The fact that he was a first-time offender limited the judge’s ability to sentence him, reports KOMO-TV.

Judge Linda Krese of Snohomish County Superior Court said in court she was “surprised, even outraged” that law required such a light sentence, according to The Daily Herald.

Medical examiners determined Noceda died from ingesting a deadly combination of fentanyl and alprazolam, a generic name for Xanax.

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After Noceda lost consciousness, Varela failed to intervene. Rather than call 911, he texted comments and photos to co-workers. One message read, “LOL I think she od’d, still breathing.”

The Herald reports Noceda’s aunt, Rachelle Palmer, was angry about the sentence.

“You might as well let him walk free with that kind of time,” Palmer said.

The victim’s mother, Gina Pierson, told KOMO-TV the sentencing was “a joke.”

Judge Krese, according to KIRO-7, openly criticized the state’s sentencing guidelines, exclaiming, “I’m not sure the Legislature really contemplated something like this.”

The reports suggest Varela apologized for his “foolish actions,” telling the court, “Whatever I get is what I deserve.”