PORT ANGELES — A former state foster care provider has pleaded guilty to second- and third-degree child rape for repeatedly assaulting a girl in his care, avoiding a trial.
David Barney Allen, 57, of Forks, agreed Wednesday to have an additional charge of first-degree child molestation dropped in exchange for the plea and a recommended sentence of 8½ years based on his offender score.
Also eliminated were aggravating special allegations that Allen assaulted the girl while he held a position of trust and during an ongoing pattern of sexual abuse that was “manifested by multiple incidents over a prolonged period of time.”
The second-degree rape-domestic violence that Allen pleaded guilty to occurred between Jan. 1 and June 30, 2019, and the third-degree rape-domestic violence between Aug. 1 and Sept. 3, 2020.
Clallam County Superior Court Judge Simon Barnhart can set a different prison term following the issuance of a pre-sentence investigation report when he sentences Allen at a 9 a.m. March 31 hearing.
Allen’s wife, Irma Perez Allen, 58, has a resolution-or-reset hearing at 1 p.m. today on charges of third-degree child rape and molestation, second-degree assault with a deadly weapon and tampering with a witness, all charges related to her husband’s case.
Port Angeles lawyer Lane Wolfley said Irma Allen was considering a plea deal as of noon Wednesday.
“It’s just one of those cases where you know the bad apple has had a tendency to poison the people around him,” he said.
“I look at Irma as being more of a victim than a co-defendant, but we’re working on it.”
The girl was 14 when Irma Allen reported to authorities Sept. 12 that her husband had been having sex with their foster daughter, according to a probable cause statement.
The girl said Irma Allen tried to kill her with a knife, according to the girl’s statement to sheriff’s office Detective Stacy Sampson.
“Irma knew about it the whole time,” according to a synopsis of the girl’s statement in her probable cause statement.
“Irma was the one who told [the girl] that she could get anything she wanted from Barney because of what Barney was doing to her,” according to the statement. “Irma told her this many times.”
In his guilty plea, her husband admitted he assaulted the girl when she was between 12 and 14 years old, and when she was 14-16.
She said the assaults began when she was 9, and when she was in the eighth grade they occurred on a regular basis, according to David Allen’s probable cause statement.
Barnhart said the standard sentencing range based on Allen’s offender score of three for second-degree child rape-domestic violence is 8½ years to 11½ years and lifetime community custody. The crime carries a maximum term of life in prison.
The third-degree rape charge has a standard sentence range of 26 to 34 months with a maximum term of five years.
Had Allen gone to trial and been found guilty of all three charges, his offender score would have been six, which would have affected his sentencing, Barnhart told him.
“He’s not going to make a statement, per se, on this change of plea,” said Clallam County attorney John Black, representing Allen.
Allen signed a statement saying, “Instead of making a statement, I agree that the court may review the police reports and/or a statement of probable cause supplied by the prosecution to establish a factual basis for the plea.”
The survivor is a Hoh tribal member. Hoh child welfare services case manager Bill Plumley, who has been attending Allen’s hearings, told Barnhart he, a tribal representative or the survivor will be available to attend Allen’s sentencing hearing.
“At this time the tribe is OK with the status quo and moving forward with Mr. Roberson,” Plumley told Barnhart, referring to Deputy Prosecuting Attorney Matthew Roberson.
Plumley would not comment about the case after the hearing.
Allen has been out of jail on bail since Sept. 18. His $75,000 bail had been lowered to $25,000.
Barnhart asked him if he was prepared to be remanded to the custody of the Sheriff’s Office pending sentencing.
“As much as I can be,” Allen responded, with his parents in the courtroom.
“There was also stuff I would have like to have gotten done.”
“Well, today’s the day,” Barnhart responded.
After the plea hearing, Allen, who has no criminal history, hugged his mother and father before a deputy handcuffed him and walked him downstairs to await sentencing in the county jail.
Senior Staff Writer Paul Gottlieb can be reached at 360-452-2345, ext. 55650, or at [email protected].