The following story contains information about the victim of a sexual assault. It has been included with the family’s permission.
Fabian Carrillo-Garcia, 38, of Friday Harbor, pleaded guilty to one count of felony communication with a minor for immoral purposes as part of a plea deal after being initially charged with child molestation in the first degree.
Carrillo-Garcia was accused of sexually assaulting his 11-year-old daughter in late November 2022. Detectives visited the suspect at his home in Friday Harbor a few weeks after the incident, and he declined to make a statement. He was arrested, booked into jail and charged in San Juan County Superior Court.
Carrillo-Garcia pleaded not guilty, and a jury trial was scheduled for July 18, 2023. Carrillo-Garcia’s defense attorney Mark Kaiman filed a notice of disqualification against San Juan County Judge Kathryn Loring. No reason was given. Under RCW 4.12.050, such notice may be filed by any party, for no more than one judge in any matter, if no discretionary ruling has happened.
Snohomish County Superior Court Judge Cindy Larsen was assigned to the case. Hearings took place in San Juan County with the judge appearing electronically. Shortly before the trial commenced, Carrillo-Garcia changed his plea to guilty. He was sentenced on Oct. 27 to three months incarceration. He must also register as a sex offender and will be under community custody for 12 months with strict conditions, including substance abuse treatment. He must comply with a five-year no-contact order to prevent any contact with the victim or her siblings.
In the Department of Corrections pre-sentence investigation documents, a sentence of 24 to 36 months was recommended.
The report read, “He fathered this child and was supposed to be her protector, instead he chose to sexually violate her. The impact on his victim and his other two daughters is unimaginable and they will continue to suffer a lifetime from this abuse. If there ever was a case for an exceptional sentence, this should be it. The Department of Corrections does not support the details in this case sufficient for the plea and sentence offered. The Department is requesting an exceptional sentence, one that will provide Mr. Fabian Carrillo-Garcia sufficient time to participate in substance use disorder programming and sex offender treatment before he may be released back into the community. He will continue to be a risk to any community until he can fully accept his egregious behaviors and the lasting effects they have on his young daughters.
Carrillo-Garcia declined to be interviewed by the DOC for the pre-sentence investigation.
In the family impact statement, the victim’s mother told DOC investigators that the case has taken a tremendous toll on her family, particularly due to community members harassing her daughters and “rumors” being spread throughout their small community on San Juan Island. She said that the plea deal was a “blow,” leaving them to feel that “justice has not been served.”
Carrillo-Garcia’s criminal history in Douglas County includes unlawful possession of a firearm, having a dangerous weapon on a school campus, driving under the influence, two counts of driving with a suspended license and operating a vehicle without an ignition interlock. In Chelan County, he was convicted of being a minor operating a vehicle while under the influence and in San Juan County, malicious mischief in the third degree.
