A California court is scheduled to follow a victim’s request to sentence her rapist despite the fact that he committed suicide.

Anthony Nicholas Orban was an Orange County detective who was off-duty when he went out “boozing and stalking cute girls” with his prison guard roommate, Jeff Thomas Jelinek, on April 3, 2010.

They followed a waitress out to her car. As Orban pulled a gun on the 25-year-old woman, Jelinek laughed. Orban hopped in her car and forced her to drive to a desolate area.

Once there, he spent over an hour raping, sodomizing, forcing oral sex on and brutally beating the woman. When he was unable to keep an erection, Orban began to punch the woman and jammed his gun in her mouth. He took cell phone pictures and sent them to Jelinek, who received five years in prison. Orban also texted Jelinek details of the kidnapping and rape.

When he tired after the 72-minute sexual assault, Orban threatened to kill his victim. Instead, he called Jelinek to pick him up. Orban later reported his police department service revolver missing, which he left in the victim’s car.

At trial, Orban claimed a “Zoloft Defense,” claiming that he had been on the antidepressant and had no memory of his day long drinking session or of the rape. He was found guilty, and in October 2013 he hanged himself in jail.

Judge Shahla S. Shabet said the case should be resolved by dismissal or sentencing. The victim wanted Orban sentenced.

“I can’t comprehend how you can go ahead and sentence somehow who is dead,” said Orban’s attorney, James Blatt, in court.

Source: www.gawker.com

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