Wednesday, March 14, 2007

Sentencing delayed again in sex case

Suspects likely face prison terms of eight years each


By TERRY SMITH
Express Staff Writer

Emmanuel Bautista-Aguayo Jose Vivar-Olivera

Sentencing has been delayed for a second time for two men accused of sex crimes against two Hailey girls last summer.

Earlier set for Monday, March 12, sentencing has been rescheduled for 9 a.m. April 2 in Blaine County 5th District Court. The two suspects, Emmanuel Bautista-Aguayo and Jose Vivar-Olivera, both 22 and both from Hailey, have pleaded guilty to a single felony county each of lewd conduct with a minor child under 16, an offense punishable in Idaho by up to life in prison.

As part of a plea agreement with the defendants, the Blaine County Prosecuting Attorney's Office will recommend both men be sentenced to eight years in prison, four of them to be served before they are eligible for parole.

Rape and other felony charges against the pair were dropped in exchange for their guilty pleas.

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.

According to court records, Blaine County District Court Judge Robert J. Elgee rescheduled sentencing last week because of a potential conflict with a civil trial currently in court.

Sentencing was also rescheduled from a Feb. 12 hearing date while a psychosexual evaluation was conducted on Bautista-Aguayo.

An evaluation for the second defendant was discussed in court last week. Keith Roark, Vivar-Olivera's attorney, told Elgee that his client will exercise his Fifth Amendment rights and not participate. Elgee ruled that the evaluation is not mandatory and will not be ordered for Vivar-Olivera.

Both defendants remain incarcerated in the Blaine County Jail on $50,000 bond each.




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