1

6 SUPERIOR COURT OF WASHINGTON FOR KING COUNTY

7 THE STATE OF WASHINGTON, )

Plaintiff, )
8 v. ) No. 06-1-03230-2 SEA
)
9 MARK W. RATHBUN, ) AMENDED INFORMATION
)
10 )
)
11 Defendant. )

12 COUNT!

13 I, Daniel T. Satterberg, Prosecuting Attorney for King County in the name and by the
authority of the State of Washington, do accuse MARK W. RATHBUN of the crime of Burglary
14 in the First Degree, committed as follows:

15 That the defendant MARK W. RATHBUN in King County, Washington, on or about

May 13, 1996, did enter and remain unlawfully in a building located at 329 Northwest 46th
16 Street, Seattle, in said county and state, with intent to commit a crime against a person or
property therein, and in entering, and while in such building and in immediate flight therefrom,
17 the defendant did assault a person, to-wit: p.v.;

18 Contrary to RCW 9A.52.020, and against the peace and dignity of the State of
Washington.
19
And I, Daniel T. Satterberg, Prosecuting Attorney for King County in the name and by the
20 authority of the State of Washington further do accuse the defendant MARK W. RATHBUN has
committed multiple current offenses and the defendant's high offender score results in some of
21 the current offenses going unpunished, under the authority ofRCW 9.94A.535(2)(c).

22 And I, Daniel T. Satterberg, Prosecuting Attorney for King County in the name and by the
authority of the State of Washington further do accuse the defendant MARK W. RATHBUN's
23 prior unscored misdemeanor or prior unseored foreign criminal history results in a presumptive
Daniel T. Satterberg, Prosecuting Attorney
W554 King County Courthouse
516 Third Avenue
AMENDED INFORMATION - 1 Seattle. Washington98104
(206) 296-9000, FAX (206) 296-0955
1 sentence that is clearly too lenient in light of the purpose of this chapter, as expressed in RCW
9.94A.OIO, contrmy to RCW 9.94A.535(2)(b).
2
COUNT II
3
And I, Daniel T. Satterberg, Prosecuting Attorney aforesaid further do accuse MARK W.,
4 RATHBUN of the crime of Rape in the First Degree, a crime of the SaIne or similar character
and based on a series of acts connected together with another crime charged herein, which crimes
5 were part of a common scheme or plan, and which crimes were so closely connected in respect to
time, place and occasion that it would be difficult to separate proof of one charge from proof of
6 the other, committed as follows:

7 That the defendant MARK. W. RATHBUN in King County, Washington, on or about

May 13, 1996, by forcible compulsion did engage in sexual intercourse with another person
8 naIned P.V., under circumstances where the defendant feloniously entered into the building
where P.V. was situated;
9
Contrmy to RCW 9A.44.040(1)(d), and against the peace and dignity of the State of
10 Washington.

1I And I, Daniel T. Satterberg, Prosecuting Attorney for King County in the naIne and by the
authority of the State of Washington further do accuse the defendant MARI( W. RATHBUN has
12 committed multiple current offenses and the defendant's high offender score results in some of
the current offenses going unpnnished, under the authority ofRCW 9.94A.535(2)(c).
13
And I, Daniel T. Satterberg, Prosecuting Attorney for King County in the naIne and by the
14 authority of the State of Washington further do accuse the defendant MARI( W. RATHBUN's
prior unscored misdemeanor or prior unscored foreign criminal history results in a presumptive
15 sentence that is clearly too lenient in light of the purpose of this chapter, as expressed in RCW
9.94A.010, contrary to RCW 9.94A.535(2)(b).
16
COUNT III
17
And I, Daniel T. Satterberg, Prosecuting Attorney aforesaid further do accuse MARK W.
18 RATHBUN of the crime ofBurgIary in the First Degree, a crime of the SaIne or similar
character and based on a series of acts connected together with another crime charged herein,
19 which crimes were part of a common scheme or plan, and which crimes were so closely
connected in respect to time, place and occasion that it would be difficult to separate proof of one
20 charge from proof of the other, committed as follows:

21 That the defendant MARK. W. RATHBUN in King County, Washington, on or about

August J, 1996, did enter and remain unlawfully in a building located at 411 Northwest 42nd
22 Street, Seattle, in said county and state, with intent to commit a crime against a person or
property therein, and in entering, and while in such building and in immediate flight therefrom,
23 the defendant did assault a person, to-wit: lW.;
Daniel T. Satterberg, Prosecuting Attorney
W554 King County Courthouse
516 Third Avenue
AMENDED INFORMAnON - 2 Seattle Washington 98104
j

(206) 296-9000, FAX (206) 296-0955

1
Contrary to RCW 9A.52.020, and against the peace and dignity of the State of
2 Washington.

3 And I, Daniel T. Satterberg, Prosecuting Attorney for King County in the name and by the
authority of the State of Washington further do accuse the defendant MARK W. RATHBUN has
4 committed multiple current offenses and the defendant's high offender score results in some of
the current offenses going unpunished, under the authority ofRCW 9.94A.535(2)(c).
5
And I, Daniel T. Satterberg, Prosecuting Attorney for King County in the name and by the
6 authority of the State of Washington further do accuse the defendant MARK W. RATHBUN's
prior unscored misdemeanor or prior unscored foreign criminal history results in a presumptive
7 sentence that is clearly too lenient in light of the purpose of this chapter, as expressed in RCW
9.94A.OI0, contrary to RCW 9.94A.535(2)(b).
8
COUNT IV
9
And I, Daniel T. Satterberg, Prosecuting Attorney aforesaid further do accuse MARK W.
10 RATHBUN of the crime of Rape in the First Degree, a crime of the same or similar character
and based on a series of acts connected together with another crime charged herein, which crimes
11 were part of a common scheme or plan, and which crimes were so closely connected in respect to
time, place and occasion that it would be difficult to separate proof of one charge from proof of
12 the other, committed as follows:

13 That the defendant MARK W. RATHBUN in King County, Washington, on or about

August 1, 1996, by forcible compulsion did engage in sexual intercourse with another person
14 named J.W., under circumstances where the defendant feloniously entered into the building
where J.W. was situated;
15
Contrary to RCW 9A.44.040(1)(d), and against the peace and dignity of the State of
16 Washington.

17 And I, Daniel T. Satterberg, Prosecuting Attorney for King County in the name and by the
authority ofthe State of Washington further do accuse the defendant MARK W. RATHBUN has
18 committed mUltiple current offenses and the defendant's high offender score results in some of
the CtUTent offenses going unpunished, under the authority ofRCW 9.94A.535(2)(c).
19
And I, Daniel T. Satterberg, Prosecuting Attorney for King County in the name and by the
20 authority of the State of Washington further do accuse the defendant MARK W. RATHBDN's
prior unscored misdemeanor or prior unscored foreign criminal history results in a presumptive
21 sentence that is clearly too lenient in light of the purpose of this chapter, as expressed in RCW
9.94A.010, contrary to RCW 9.94A.535(2)(b).
22

23
Daniel T. Satterberg, Prosecuting Attorney
W554 King County Courthouse
516 Third Avenue
AMENDED INFORMATION - 3 Seattle, Washington 98104
(206) 296-9000, FAX (206) 296-0955
1 COUNT V

2 And I, Daniel T. Satterberg, Prosecuting Attorney aforesaid further do accuse MARK W.

RATHBUN of the crime of Burglary in the First Degree, a crime of the same or similar
3 character and based on a series of acts connected together with another crime charged herein,
which crimes were part of a common scheme or plan, and which crimes were so closely
4 connected in respect to time, place and occasion that it would be difficult to separate proof of one
charge from proof of the other, committed as follows:
5
That the defendant MARK W. RATHBUN in King County, Washiugton, on or about
6 December 15, 1996, did enter and remain unlawfully in a building located at 361 Northwest 46th
Street, Seattle, in said county and state, with intent to commit a crime against a person or
7 property therein, and in entering, and. while in such building and in immediate flight therefrom,
the defendant did assault a person, to-wit: E.K.;
8
Contrary to RCW 9A.52.020, and against the peace and dignity of the State of
9 Washington.

10 And I, Daniel T. Satterberg, Prosecuting Attorney for King County in the name and by the
authority of the State of Washington further do accuse the defendant MARK W. RATHBUN has
11 committed multiple current offenses and the defendant's high offender score results in some of
the current offenses going unpunished, under the authority ofRCW 9.94A.53 5(2)(c).
12
And I, Daniel T. Satterberg, Prosecuting Attorney for King County in the name and by the
13 authority of the State of Washington further do accuse the defendant MARK W. RATHBUN's
prior unseored misdemeanor or prior unscored foreign criminal history results in a presumptive
14 sentence that is clearly too lenient in light of the purpose of this chapter, as expressed in RCW
9.94A.OI0, contrary to RCW 9.94A.535(2)(b).
15
COUNT VI
16
And I, Daniel T. Satterberg, Prosecuting Attorney aforesaid further do accuse MARK W.
17 RATHBUN of the crime of Rape in the First Degree, a crime of the same or similar character
and based on a series of acts connected together with another crime charged herein, which crimes
18 were part of a common scheme or plan, and which crimes were so closely connected in respect to
time, place and occasion that it would be difficult to separate proof of one charge from proof of
19 the other, committed as follows:

20 That the defendant MARK W. RATHBUN in King County, Washington, on or about

December 15, 1996, by forcible compulsion did engage in sexual intercourse with another person
21 named E.K_, under circumstances where the defendant feloniously entered into the building
where E.K. was situated;
22
Contrary to RCW 9A.44.040(I)(d), and against the peace and dignity of the State of
23 Washington.
Daniel T. Satterberg, Prosecuting Attorney
W554 King County Courthouse
516 Third Avenue
AMENDED INFORMATION - 4 Seattle~ Washington 98104
(206) 2%·9000, FAX (206) 296-0955
1
And I, Daniel T. Satterberg, Prosecuting Attorney for King County in the name and by the
2 authority of the State of Washington further do accuse the defendant MARK W. RATHBUN has
committed multiple current offenses and the defendant's high offender score results in some of
3 the current offenses going unpunished, under the authority of RCW 9 .94A.53 5(2)(c).

4 And I, Daniel T. Satterberg, Prosecuting Attorney for King County in the name and by the
authority of the State of Washington further do accuse the defendant MARK W. RATHBUN's
5 prior unscored misdemeanor or prior unscored foreign criminal history results in a presumptive
sentence that is clearly too lenient in light of the purpose of this chapter, as expressed in RCW
6 9.94A.010, contrary to RCW 9.94A.535(2)(b).

9
can . O'Domell, WSBA #31488
10 Deputy Prosecuting Attorney

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Daniel T. Satterberg, Prosecuting Attorney
WS54 King County Courthouse
516Third Avenue
AMENDED INFORMATION - 5 Seattle, Washington 98104
(206) 296-9000, PAX (206) 296-0955