Wednesday, February 14, 2007

Sentencing delayed for rape suspects

Psychosexual evaluation to be conducted

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By TERRY SMITH
Express Staff Writer

Emmanuel Baptista-Aguayo (above) and Jose Vivar-Olivera

Sentencing has been delayed for two Hailey men who have accepted plea bargains in a case involving the alleged rape of two Hailey girls last summer.

Earlier scheduled for Monday morning, sentencing is now set for 9 a.m. on March 12 for Emmanuel Bautista-Aguayo and Jose Vivar-Olivera. Both men are 22 and have pleaded guilty to lewd conduct with a minor child under 16, an offense in Idaho that carries a maximum penalty of life in prison.

Rape and other felony charges were dropped against the two men in exchange for their guilty pleas. The Blaine County Prosecuting Attorney's Office will recommend at sentencing that the men both be sentenced to eight years in prison, four of them to be served before they are eligible for parole.

Bautista-Aguayo had been charged with two counts of rape and two counts of "feloniously administering an intoxicating substance to another with intent to commit a felony." Vivar-Olivera had been charged with one count of rape, one count of sexual abuse of a child under 16 and two counts of the felonious administration offense.

The men were accused of coercing two Hailey girls, ages 12 and 13, into their vehicle on July 26, 2006, getting them drunk, driving them to a remote spot in Slaughterhouse Canyon and having sex with them.

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According to court records, sentencing was delayed while a psychosexual evaluation is conducted.