Wednesday, February 13, 2008

Plea agreement reached in sexual assault case

Crain pleads guilty to 2 lesser offenses


By TERRY SMITH
Express Staff Writer

Uriah Zamir Crain

A man who was accused of sexually assaulting a 13-year-old girl in a downtown Hailey public restroom pleaded guilty Tuesday morning to two lesser offenses in Blaine County 5th District Court.

Uriah Zamir Crain, 18, admitted to the crimes of felony injury to a child and misdemeanor battery. He had earlier been charged in a Blaine County grand jury indictment with lewd conduct with a minor child under 16, an offense punishable in Idaho by up to life in prison.

Public defender Christopher Simms told the court that the guilty pleas were in accord with a plea agreement reached with the Blaine County Prosecuting Attorney's Office.

Deputy Prosecuting Attorney Matt Fredback said he will recommend that Crain be sentenced to 10 years in prison, with three of them to be served before he is eligible for parole.

Simms said he will ask that the defendant be sentenced to "a 180-day rider," followed by probation. "Rider" sentences are usually served at the North Idaho Correctional Institution in Cottonwood, which offers treatment programs.

Judge Robert J. Elgee told Crain that he is not bound by the recommendations of either attorney and could sentence him to up to 10 years in prison on the injury to child conviction and six months in the county jail on the battery charge.

Sentencing was scheduled for 10 a.m. on May 5.

The convictions will not require that Crain register as a sex offender.

The original indictment against Crain will be dismissed. It alleged that Crain assaulted the girl on May 1, 2007.

A probable cause affidavit filed in the case by the Blaine County Sheriff's Office alleged that the assault took place after Crain watched cell phone video recordings of the girl doing a striptease.

Crain admitted in court Tuesday that he touched the girl underneath her clothing on her private parts and without her permission.




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