‘Rat’ video case: Guilty pleas on rape charges will mean ‘two strikes’ sentence

Edward W. Magerison, 31, Pasco, pleaded guilty in superior court Friday morning to two charges of rape. Under terms of a plea bargain agreement, Margerison, the defendant charged in the “rat” video case, allowed the state to move an Asotin County charge of second degree rape to Whitman County. The Asotin charge was added to a first degree rape charge in a revised complaint which was submitted to the court the morning of June 13.

The Asotin County charge involves a 16-year-old girl, according to a report presented to the court by Senior Deputy Dan Le Beau.

All other charges in the two cases were dropped under terms of the plea agreement.

Magerison faces a sentence up to 171 months in a concurrent term for the two charges. The 171 months is the longer term under the first degree rape conviction which involves use of force.

Defense attorney Steve Martonick presented the court with a written plea form, and Magerison did not make any statement except to respond with a “yes” when asked by the judge if he understood points in the arraignment.

Judge David Frazier explained to Magerison that the sentence for the rape convictions carries an indefinite term provision and the final sentence would be set by a special board. The judge also advised Magerison that the two rape convictions rate as “strikes” under Washington’s “three strikes” law. A third major conviction would lead to a life sentence without parole, the judge said.

The Margerison case started with a Quad Cities Drug Task Force investigation which was activated when officers received a tip that Magerison would be making a trip from Clarkston to Pasco to purchase drugs.

According to the arrest report Magerison was placed under surveillance and he was later stopped for driving with a suspended license.

During a warrant search of the 2002 BMW Magerison was driving the officers confiscated four cell phones, a backpack and other items.

A warrant search of the contents of the cell phones led to the discovery of a 42-second video of a woman with the word “rat” written on her head being threatened with a pistol which was placed in her mouth.

The video, which was shown in court during a motion to suppress it as evidence, did not depict any part of the rape which took place later.

Officers subsequently learned the identity of the woman who told them she had been raped on the same night when threatened by the gun. The gun threat placed the rape charge in the first degree category.

The location was along the Whitman County side of the river near Granite Point. Le Beau said the date of the event was some time in the middle of last October.

Magerison reportedly wrote the “rat” letters on the victim’s head and stuck the gun in her mouth because he believed she was an informant in a Lewiston drug investigation. He was also formally charged with intimidating a witness, second degree assault and kidnapping, but those charges were dropped under the plea agreement.

According to the arrest report, the victim initially believed others would be traveling in the car that night, but then found herself traveling down the river road alone with Magerison.

Le Beau Friday told the court the 16-year-old Asotin County victim was actually shown the “rat” video on Halloween night when Magerison forced her to engage in sex. He said Magerison showed the video to the girl while telling her he “always gets what he wants.”

Sentencing for Magerison was scheduled for July 9, the date which had been set for Magerison’s trial here on the Whitman County charges. Le Beau requested the date because subpoenas have already been sent to the victims who would have testified on that date, and they will now be advised they have an option to testify at Magerison’s sentencing.

Law officers and other witnesses had also been subpoenaed for the trial date.