Wednesday, August 2, 2006

Hailey men accused of abducting girls

Two face multiple felony charges

Express Staff Writer

Two Hailey men have been charged with six felonies each for allegedly drugging and having sex with two Hailey girls, ages 12 and 13.

Arraigned Tuesday in Blaine County Magistrate Court were Jose L. "Yoshie" Vivar Olivera, 22, and Emmanuel "Manny" Bautista Aguayo, 21.

Olivera and Aguayo were both charged with two counts of felonious administration of a drug, two counts of sexual abuse of a child under 16, and two counts of battery with intent to commit a serious felony.

The men were also charged with two misdemeanor counts each of assisting with the enticement of a child under 16.

Magistrate Judge Mark Ingram set bond at $250,000 for both Olivera and Aguayo. Preliminary hearings were set for 9 a.m. Aug. 9.

Blaine County Prosecuting Attorney Jim Thomas asked for the high bond because he said the case is still being investigated and additional charges will likely be filed.

"I think that given the nature of the case, that it is appropriate at this time," Thomas said. "We will be amending the complaint before the preliminary hearing to show one count, if not two counts, of rape."

According to a probable cause affidavit from Hailey Police Chief Brian McNary, Olivera and Aguayo were identified by the alleged victims in a photo lineup.

The affidavit further alleges that Olivera and Aguayo "abducted" or "enticed" the two girls into a vehicle at about 9 p.m. on July 26 from near the intersection of Woodside Boulevard and Berry Creek Drive in Hailey.

The affidavit says the girls reported that they were given a cup containing "Crown Royal" liquor and passed out shortly after.

According to a the Hailey Police Department news release: "Both girls stated they were rendered unconscious and they have no recollection of events that led up to their discovery at the new Hailey Elementary School in Woodside, approximately four hours later. Both girls were treated at St. Luke's (Wood River Medical Center) and released. There was significant evidence to indicate a sexual assault had occurred."

Security was tighter than usual at the Blaine County Court building for the Tuesday arraignments. The metal detector near the entrance was turned on and bailiffs checked people entering to make sure no weapons were brought to court.

Some 30 friends and relatives of both the alleged victims and the accused crowded into the courtroom to watch the proceedings.

Olivera and Aguayo sat solemn-faced in the prisoners' box wearing orange two-piece jail issue attire. Their rights were read to them and displayed on an overhead screen in Spanish.

A court interpreter was available, but both men apparently understood English because they listened to Ingram and answered his questions directly.

Olivera was represented by Hailey attorney Keith Roark. Ingram appointed Hailey attorney Douglas Werth to represent Aguayo.

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