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African immigrant sentenced in rape of 16-year-old birthday girl

Mike Miller  —  7/09/2008 5:56 am

There was one constant theme running through the sentencing hearing for a convicted rapist Tuesday: David Mumba was a good man who had done something very wrong.

In the end, even Dane County Circuit Court Judge John Markson continued that theme, telling Mumba, "You're a good person," but adding, "You need to go to prison in this case because to not do so would unduly depreciate the severity of what you have done."

Mumba, 26, was sentenced to a total of 12 years under state control, including seven years in prison and five years of extended supervision for the rape of a girl who was celebrating her 16th birthday at the family's home in Sun Prairie in August 2007.

Like the girl's family, Mumba is a native of Zambia and came to this country about five years ago and is a permanent resident with a green card and holds down a job. He was considered to be almost part of the family of the girl he raped, and her father called the assault a betrayal to the entire family.

Numerous people had written to the court before Tuesday's hearing talking about what a good man Mumba was and how religious he was. Others turned out at Tuesday's hearing to say the same thing and to ask Markson to show mercy as he sentenced Mumba.

"It really baffles me," said Akeen Maiaka, a longtime friend of Mumba's, about the rape committed by his friend.

Edmund Tembo, Mumba's cousin, spoke movingly as he described Mumba. "Ever since he was young he has been a nice boy," Tembo said.

Mumba, seated next to defense attorney Dennis Burke, broke into sobs as his cousin continued to tell the judge how Mumba was always a straight-A student who helped others students, stayed out of trouble and was obedient to his parents.

"It breaks my heart and I truly apologize for what happened," Tembo said. "I apologize on my behalf and his behalf, and I hope your honor, you show mercy on him."

Burke described his client as "a kind man, a religious man, raised a Christian in Zambia, who has never been in trouble in his life." Mumba's fate following the completion of his prison term hung over the proceeding, as it does with all cases involving immigrants who have not yet achieved citizenship.

"It is almost an absolute certainty that he will be subjected to deportation proceedings," Burke said.

That issue also weighed on the mind of Jennifer Mumba, David's wife and the mother of their two small children.

"His children need their father to come home," she said, "I just ask that you will please have mercy on him."

Even Assistant District Attorney Doug McLean, who prosecuted the case, conceded that the case was "one more example of how even people of good character can do very, very bad things."

McLean adopted the recommendation of the Department of Corrections pre-sentence report which called for a total sentence of 20 years, with 10 years in prison to be followed by 10 years of extended supervision.

"I do view it as an aggravated second degree sexual assault," McLean said of the rape, adding that the fact it came on the victim's 16th birthday means she will be reminded of it every year when normally she would be celebrating her birth.

"Tragically for her it will be a bittersweet anniversary, indeed," he said. The victim and her family were not present for the hearing.

After Mumba entered a no contest plea to the rape charge in March, there was no dispute of the facts in the case. Mumba was at the girl's 16th birthday party and like others, he decided to stay overnight, thinking he had too much to drink to safely drive.

The girl was asleep in her room when she awoke at around 3:30 or 4 a.m. to find she was no longer wearing her sleepwear and someone was fondling her. She said she quickly realized it was longtime family friend Mumba, and she pushed his hand away and told him to stop.

Instead, Mumba continued to try to assault the girl and she continued to resist. When he strangled her nearly to unconsciousness, she gave up, started crying and said, "Why are you doing this to me? This is my birthday party," the girl told police.

She said Mumba replied, "This can be your birthday present," and then raped her.

The judge said there was no choice but send to Mumba to prison.

"It was a rape," Markson said. "And it was a violent rape."

Mumba spoke briefly, saying, "I'm sorry for what I did," and Burke then read a letter Mumba wrote to the victim. Because he was banned by a bail condition from having any contact with the victim, the letter has not been sent, but Burke said it would be sent Wednesday and Markson agreed.

"I must apologize, and I am so sorry for the pain I put you through," Mumba wrote in the letter to the victim. "I pray to god to forgive me for the evil I did."

He also apologized to the victim's family. "I am so sorry for breaking our friendship and trust," he wrote. "Please forgive me."

"You have come to the point of remorse," Markson said after hearing from Mumba and listening to Burke read the letter. "But the severity of what you did is overwhelming."

Mike Miller  —  7/09/2008 5:56 am