Lengthy Sentence Upheld for Ex-Officer in Girl’s Rape

SANTA ANA —  A judge upheld a 36-year sentence for a former police officer convicted of raping an 11-year-old Irvine girl, but said nevertheless that he feared such long prison terms may persuade “sexual sociopaths” to kill their victims.

Justice Thomas F. Crosby Jr. of the 4th District Court of Appeal this week called on the Legislature to craft reasonable sentencing guidelines for defendants like Steven McCoy.

McCoy, 38, a former Beverly Hills police officer, posed as a parcel delivery worker in 1990 when he attacked a girl who was home alone because she was too ill to go to school. McCoy threatened to slash her face with a knife if she did not comply and brought his own bedsheets with him to avoid leaving evidence.

Orange County Superior Court Judge Everett W. Dickey handed down the sentence on McCoy, who pleaded no contest to burglary and four forced sexual acts.

McCoy’s defense attorney appealed the lengthy sentence, arguing against consecutive sentencing in the case. Under such sentencing guidelines, McCoy must complete his prison term on one charge before he begins serving time on the next charge. Such a sentencing scheme allows for a stiffer penalty.

The appellate court upheld the sentence Thursday. Crosby agreed, but wrote that the “law has become so arbitrary and capricious in the context of single victims, multiple sex act cases that it raises serious constitutional questions in my mind.”

Crosby said he was also concerned that some rapists could conclude it would be worth the gamble to kill their victims and possibly face sentencing for murder.

In his ruling, Crosby said “at least a few sexual sociopaths are likely to reason that it is too dangerous to leave witnesses behind. . . . “

McCoy left the Beverly Hills Police Department after two years on the force and became a successful business executive. He and his wife once had their picture taken with Ronald and Nancy Reagan at a political event at which McCoy was given an outstanding citizen award.

The decision in the McCoy case was the second issued Thursday in which the appellate court affirmed unusually long sentences for rapists.

The court also upheld rulings in the case of Robin Scott Dasenbrock, 27, of Fountain Valley. An Orange County judge had sentenced Dasenbrock to 142 years in prison, which was the longest sentence ever handed down in an Orange County rape case at the time.

Dasenbrock was responsible for sexual attacks involving 15 women that terrorized residents in Huntington Beach and Fountain Valley between 1985 and 1987.