Two Hailey men accused of sex crimes against two girls were sentenced in Blaine County 5th District Court Monday to seven years in prison each.
Three of those years must be served before either man is eligible for parole.
Sentencing followed guilty pleas earlier this year by Emmanuel Bautista-Aguayo, 22, and Jose Vivar-Olivera, 23. Both men pleaded guilty to a single count of felony lewd conduct with a minor child under 16 in exchange for the dismissal of other felony charges.
The two were accused of getting two Hailey girls, ages 12 and 13, intoxicated on July 26, 2006, driving them to a remote spot up Slaughterhouse Canyon and having sex with them.
Bautista-Aguayo was originally charged with two counts of rape, while Vivar-Olivera was charged with one count of rape and one count of sexual abuse of a minor child under 16. Both men were also charged with two counts each of "feloniously administering an intoxicating substance to another with intent to commit a felony."
At sentencing, the clean white shirt and tie worn by Bautista-Aguayo contrasted with the orange jail attire worn by Vivar-Olivera as the two men appeared before Blaine County District Court Judge Robert J. Elgee.
There were other contrasts. Both men are Hispanic, but Bautista-Aguayo is a U.S. citizen while Vivar-Olivera is a Mexican national with legal residency in this country.
Furthermore, evidence showed that Bautista-Aguayo changed his story several times when questioned by police and during subsequent interviews, while Vivar-Olivera invoked his Fifth Amendment rights and remained silent, only discussing his culpability in a written statement to the court prior to sentencing.
But in the end, Elgee decided one was as guilty as the other and imposed identical sentences.
"It seems to me what they did they did together and they're equally culpable," Elgee said.
Only a few members of the victims' families attended Monday's hearing, unlike the defendants' initial court appearance last summer when the courtroom was packed with onlookers. A few family members of the accused were also present, as were a few news reporters and various onlookers.
Sentencing followed nearly two hours of court proceedings while witnesses, the prosecutor, defense attorneys and defendants testified or made statements.
Elizabeth Lowry, a Wood River High School special education teacher, testified that Bautista-Aguayo suffers from a learning disability and was a student in her class for several years. She described the defendant as "very polite, respectful, very quiet, conscientious—he was always respectful and courteous."
Lowry said she was "shocked" when she learned of his arrest. "It was very out of character," she said.
David Gugger, a Hailey man who said Bautista-Aguayo had been dating his daughter for several years, testified that Bautista-Aguayo has been like a son to him.
Gugger said he was disturbed when he learned of the charges against Bautista-Aguayo but added that "he's a good kid and deserves a second chance."
Deputy Prosecuting Attorney Warren Christiansen said Bautista-Aguayo should still be held accountable for what he did.
"Going to school, having a job, being respectful—I don't think that entitles him to a get-out-of-jail card free," Christiansen said. "I think this type of crime warrants some prison time."
Defense attorney Keith Roark, who is representing Vivar-Olivera, said his client "always stood in his own shoes and said what really happened that night. I think that speaks highly of this young man's character. He has always admitted what he did was wrong."
Christiansen, who recommended that both men be sentenced to eight years in prison, four of them to be served before either is eligible for parole, said Bautista-Aguayo and Vivar-Olivera should be held equally accountable for the crimes.
"They acted in concert—we have two victims—my sentencing recommendations are the same," Christiansen said.
Elgee shaved one year of prison time off Christiansen's recommendations, but was otherwise not swayed by defense pleas for leniency.
"I think you're both pretty good kids that made bad decisions that will affect you for the rest of your lives," Elgee said.
Bautista-Aguayo, who has been free on bail since September, was given credit for 34 days served in jail. Vivar-Olivera, who has remained incarcerated since his arrest, was given credit for some eight months already served. Because he's not a U.S. citizen, Vivar-Olivera will likely be deported once he's released from prison.
Two Hailey men, accused of sex crimes against two girls, were sentenced Monday to seven years each in prison. At left, Emmanuel ?Manny? Bautista-Aguayo, 22, awaits sentencing by Blaine County District Court Judge Robert J. Elgee. At right, co-defendant Jose ?Yosie? Vivar-Olivera, 23, sits with his defense attorney Keith Roark. In the background is Blaine County detention deputy Justin Mitchell. Photo by Willy Cook
