Brothers Accused In Kidnapping, Rape Have Troubled Past -- Port Orchard Teens Charged 11 Times In Less Than Two Years

The alleged kidnapping and rape of a waitress at gunpoint this week is only the latest criminal charge against two Port Orchard brothers, ages 14 and 16.

In less than two years, the youths have been charged in connection with at least 11 criminal acts in Kitsap and King counties, according to a prosecutor and Juvenile Court records.

In fact, the older brother was in a Kitsap County court on a vehicle prowl and theft charge just hours before the abduction of the 35-year-old Port Orchard woman, according to court officials. In addition, the youth was supposed to appear in King County Juvenile Court yesterday on an assault charge.

In the assault on the waitress, the youths have been charged with first-degree rape, second-degree kidnapping and auto theft. They are accused of abducting her near a Port Orchard cafe and raping her.

"The case, in my opinion is nothing more than a cold-blooded act," said Jan Myers, a Port Orchard police detective. "Neither one of them has expressed any remorse."

During the 4 1/2-hour ordeal, police say, the brothers also forced the woman to buy them beer and cigarettes. And in a strange twist, an apparent argument about who should drive the woman's car left the older brother on the shoulder of Highway 16 near Federal Way.

Kitsap County Superior Court Commissioner Leonard Costello yesterday ordered the youths to be held at the Kitsap County Youth Service Center until Monday. It is to be determined by that day if they should be tried as adults, said Bob Naon, a Kitsap County deputy prosecutor.

Members of the boys' family said during interviews last night that despite the youths' record, family members doubt they could have committed Monday's crimes.

"They're basically good kids," said a sister, who has custody of them because of an injury their mother suffered a few years ago. "Basically they're normal teenage boys."

The boys' parents are divorced.

The sister said family members believe that if the boys did commit the crimes, they must have been drinking or on drugs. She said the boys reportedly drank a fifth of vodka before the alleged abduction and that the older brother had been drinking when he was recently arrested in connection with the theft of items from a vehicle.

She said the older brother works selling balloons at a Seattle store and her younger brother attends middle school and works at a restaurant.

According to court records, the brothers have been charged with a number of offenses including trespassing, burglary, theft, and malicious mischief and assault.

Last year, for example, the 14-year-old was charged with committing criminal acts at least once a month for a six-month period. Beginning in March, he was charged with committing malicious mischief, followed by charges of third-degree theft, second-degree burglary, failure to comply with requirements of previous sentencing, fourth-degree assault and criminal trespassing.

Several of the charges were dismissed after the boy agreed to receive counseling.

In 1989, the older brother was charged with assaulting their mother, according to court documents. Last year, the boy was charged with assaulting a man.

The attack on the Port Orchard woman began late Monday night. According to Port Orchard police, the youths - armed with a BB gun that looked like a .45-caliber handgun - were lurking near a city parking lot.

"The plan was to rob someone; the first person who came along," Detective Myers said.

Port Orchard Police Chief Joe Mathews said when the youths approached the woman, one of them allegedly stuck the weapon in her face and told her they would kill her. They then told her to drive toward Seattle.

Myers said the youths told police they found the weapon about two hours before the kidnapping. Police believe that was when they came up with the plot to commit a robbery.

Mathews said somewhere between Purdy and Gig Harbor, the boys ordered the woman to drive off Highway 16 onto a back road and to a gravel pit. They raped the woman and then made her drive to a convenience store. Myers said they forced the woman to buy them cigarettes and two 40-ounce bottles of beer.

They then forced her to continue driving. Police believe it was about that time that the brothers argued about driving and they stopped so the older brother could relieve himself. The 14-year-old made the victim drive off.

The younger brother then raped her again before dropping her off near the cafe where the ordeal began, police said. The woman called police about 2:30 a.m. Tuesday. Acting on her description of the suspects, an officer arrested the younger brother a few hours later.

The older brother surrendered to King County police Tuesday afternoon after he called Port Orchard posing as his brother and asked if there was a warrant out for his arrest. Police persuaded him to give up.

Myers said he was surprised by how the boys dealt with police during interviews.

"They certainly were familiar with officers on the uniform level," Myers said. "They didn't get shook up when they talked to them."

He said the older brother calmly talked to police about part of his involvement. However, the other brother took a different tack.

"The 14-year-old refused to talk to me," Myers said. "He had a big- deal attitude, like it was no big deal to him."