Suspect in abduction of girl, 10, faces rape and kidnapping charges
EUGENE, Ore. -- The man accused of kidnapping a 10-year-old girl off a residential Eugene street and raping her could face more than a century in prison under an Oregon law passed in 2006.
Prosecutors won support Wednesday to pursue 12 criminal counts against Malcolm Michael Gerlach, 25, who police arrested after a brief car chase in the countryside west of Eugene.
Witnesses told KVAL News a man rammed a 10-year-old girl on a residential Eugene street, knocking her to the ground, and then dragged her into the car by her hair as she attempted to escape.
Police and a bystander pursued the car, reported stolen out of Springfield, Ore. Officers used a spike strip to puncture one of the car's tires and then used a tactical driving maneuver to force the car off the road.
All told, less than an hour passed between the abduction and her rescue. An AMBER Alert was prepared but never issued since the girl was located.
Four of the counts against Gerlach fall under Jesssica's Law, which requires mandatory minimum sentences of 25 years per count. If convicted on all four of those counts and other charges carrying mandatory minimum sentences, Gerlach would face over 100 years in prison.
The district attorney took evidence to a grand jury Wednesday to seek an indictment. The grand jury rules on whether there is enough evidence to proceed with a prosecution but not on a suspect's guilt or innocence.
The grand jury indicted Gerlach on 12 counts:
1. Unauthorized use of a vehicle
2. Possession of a stolen motor vehicle
3. Assault in the second degree
4. Kidnapping in the first degree
5. Kidnapping in the first degree
6. Sodomy in the first degree
7. Rape in the first degree
8. Sexual abuse in the first degree
9. Kidnapping in the first degree
10. Attempting to elude police with vehicle
11. Reckless driving
12. Assault in the third degree
Counts 4, 5, 6 and 7 fall under Jessica's Law, according to the district attorney's office.
Gerlach's next scheduled court appearance is Feb. 25 at 2:30 p.m. for a status check.
