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Prison ordered in rape case

by Keith KINNAIRD<br
| February 25, 2009 8:00 PM

SANDPOINT — A Sandpoint man who pleaded guilty to an amended rape charge was sentenced Monday to three to five years in prison.

District Judge John Patrick Luster retained jurisdiction in the case against Jesse Diego Thomas, which means he could be released onto probation after serving six months with the Idaho Department of Correction.

Luster, however, warned Thomas that an early release was by no means guaranteed. If the court relinquishes jurisdiction, Thomas could be ordered to serve the bulk of the sentence.

“I like to say I’m terribly sorry for what I did,” Thomas said before Luster imposed sentence.

Thomas, 18, was charged with forcible rape in connection with an Oct. 23, 2008, assault at his Sandpoint home. The 14-year victim told Sandpoint Police she tried to fend off Thomas’ sexual advances, but he pinned her to a bed and was overcome by force.

A plea agreement in the case excised the use-of-force language in the criminal complaint in exchange for a guilty plea. Regardless of the complaint’s wording, Thomas faced the prospect of a lifelong prison sentence.

“Really, in Idaho there’s no such thing as statutory rape. Rape is rape,” Luster said.

The victim’s mother testified to the impact Thomas’ conduct had on her daughter, who she said has become more withdrawn since the assault occurred. She said no amount of prison time would offset the harm done to her daughter.

Luster agreed.

“There’s no amount of time that I could give you to compensate for this crime,” Luster told Thomas.