STREET VIOLENCE WATCH
Thursday, May 21 2015
Prison for Edmonton creep for sex assault following break and enter 2 BY TONY BLAIS, EDMONTON SUN FIRST POSTED: WEDNESDAY, MAY 20, 2015 03:47 PM MDT | UPDATED: WEDNESDAY, MAY 20, 2015 03:53 PM MDT
An Edmonton man was put behind bars Wednesday for attacking a woman in her suite after she woke up to find him half-naked by her bed and her bedroom barricaded.
Kevin Johnathan Machado, 23, was handed a six-year prison term after earlier pleading guilty in Provincial Court to a charge of break and enter and commit sexual assault.
"The events had a profoundly negative effect on an innocent woman asleep in her bed. The crime is reprehensible. Its effect is terrible," said Judge Steven Bilodeau.
The judge ruled it was aggravating that Machado had preyed on a "defenceless" sleeping woman who was home alone, he was armed with two knives and the "terrified" victim suffered significant psychological harm.
Bilodeau cited a victim impact statement by the woman in which she wrote of the "long-lasting and intense" effects she has endured, including fear, a constant feeling of being watched, nightmares and depression.
After getting 27 months credit for time spent in pre-trial custody, Machado has 45 months still to serve. He was also placed on the national sex offender registry for life.
According to agreed facts, the break-in and subsequent sexual assault happened at an apartment building near 149 Street and 93 Avenue about 3 a.m. on Nov. 24, 2013.
Crown prosecutor Carole Godfrey told court the then- 18-year-old victim lived alone at her second-storey apartment with a cat and had gone to sleep about 12:30 a.m.
Godfrey said the woman woke up to the light being turned on and saw her bedroom door barricaded by a mirror and Machado standing by the end of her bed in only a t-shirt.
"He was hunched over holding his genitals on one of his hands and masturbating," said Godfrey. "He said 'don't freak out, if you scream I'll kill you'."
Court heard the victim did scream at some point and tried to get out of the bed to get to the door, but Machado jumped on her and was on her back trying to keep her on the bed. He also put a hand over her mouth and nose.
They fell to the floor during a struggle and one of his fingers went into her mouth and she bit it. After a further struggle, the woman was able to run into the hallway and she banged on doors for help until she got into a neighbour's suite. Police were then called.
Court heard an investigation led to police obtaining surveillance video from a nearby apartment building which showed a man later identified as Machado leaving his ground-floor suite wearing outdoor clothing and eventually running back wearing only a t-shirt and holding a pair of boots just minutes before the victim called 911.
Police determined Machado broke in through the balcony sliding door which was open. They also found a large butcher knife propped up against the window sill.
Inside the victim's bedroom, police found Machado's camouflage-type underwear and his shirt and pants. He also had an injury to one of his fingers when arrested