Wednesday, December 13, 2006

Accused rapist pleads guilty to lewd conduct

Second suspect expected to enter new plea next week


By TERRY SMITH
Express Staff Writer

One of the two men who were accused of raping or sexually assaulting two Hailey girls last summer has pleaded guilty to a single felony count of lewd conduct with a minor child under 16. The second suspect is expected to enter a new plea next week.

Jose Vivar-Olivera, 22, of Hailey, entered his guilty plea Monday before 5th District Court Judge Robert J. Elgee. According to court records, the plea was part of an agreement between the Blaine County Prosecuting Attorney's Office and Vivar-Olivera's attorney, Keith Roark, of Hailey.

In exchange for the guilty plea, other charges against Vivar-Olivera were dismissed. He was charged by a Blaine County grand jury indictment in August with one count of rape, one count of sexual abuse of a child under 16 and two counts of "feloniously administering an intoxicating substance to another with intent to commit a felony."

During a change of plea hearing, Elgee informed Vivar-Olivera that lewd conduct with a minor child under 16 is punishable by up to life in prison and a $50,000 fine.

Sentencing for Vivar-Olivera is scheduled for 9 a.m. on Feb. 12.

According to court records, the second suspect in the case, 22-year-old Emmanuel Bautista-Aguayo, also of Hailey, is expected to enter a new plea at 1:30 p.m. on Monday, Dec. 18.

Bautista-Aguayo is represented by public defender Douglas Werth, of Hailey.

Bautista-Aguayo was charged in the grand jury indictment with two counts of rape and two counts of "feloniously administering an intoxicating substance to another with intent to commit a felony."

The charges against Vivar-Olivera and Bautista-Aguayo date back to July 26, when the two men allegedly coerced two Hailey girls, ages 12 and 13, into a vehicle, gave them an intoxicating beverage, drove them to a remote area up Slaughterhouse Canyon and had sex with them.

The two were arrested following an investigation led by Hailey Police Chief Brian McNary.

Both Vivar-Olivera and Bautista-Aguayo remain in the Blaine County Jail on $250,000 bond each.




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