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HomeMy Public PortalAboutCrime: Rape37 0 l /9d) s' McCall man given 15-year sentence Ivan Phelps was sentenced on Monday to two 15-year terms in the Idaho State Prison after pleading guilty Jan. 28 to two felony counts of lewd and lascivious conduct with a minor. The two sentences, handed down by Fourth District Court Judge W.E. Smith, are to be served concurrently. The length of the sentences were more severe than those recommended by prosecutors. Smith also retained jurisdiction over Phelps, a Mc- Call resident and former Council school teacher, for the first 120 days of his sentence. Smith recommend- ed that Phelps be evaluated for the sexual offender program at the state minimum security facility at Cottonwood. Phelps, 48, was initially arraigned on five counts of the same charge in March 1984. He pleaded guilty to the two counts as part of a plea-bargain arrange- ment in which the three other counts were dismissed. The charges stem from incidents which took place in December 1981 and involved a student of Phelps who was 12 years old at the time. Under Idaho law, each count carried a maximum sentence of life in prison. In passing the sentence, Smith went counter to the argument of defense attorney Byron Johnson, Boise, who said prison time would disrupt the progress already made by Phelps in the Sexual Abuse Now Ended (SANE) program in Canyon County, and a program of community -based counseling that Phelps has undertaken. Johnson said that if Smith did choose to jail Phelps, that it not be a "vegetative" type of jail time. The attorney also said some time in the Valley County Jail with work-out privileges also would be a good alternative. Also in Phelps' favor is the fact that he has not committed any further violations during the past three years, Johnson said. During his own argument, Valley County Pro- secuting Attorney Tom Lynch called for a 10-year sentence. Smith said his sentence was based on its deterrant value to others. He said there seems to be a "rash" of similar cases being brought before him lately, and that he expected more to be brought into his court. The sentence is also an indeterminate sentence, meaning the maximum is 15 years, but the minimum is left open for determination later, depending on Phelps' progress. If Phelps completes 120 days of the Cottonwood program and shows good progress, Smith said he ,, would grant a 60-day extension to allow him to com- plete the program. Once through that program, Smith said he would reconsider the sentence and the question of proba- tion. Once out on probation, Smith said Phelps could likely be a good candidate to rejoin and continue the SANE program. Woman raped at camp; suspect sketch released A 20 year -old woman was raped Monday night in a camping area off Warren Wagon Road about 2.8 miles north of North Beach, according to Det. Tommy Rhea of the Valley County Sheriff's Department. The suspect remained at large Wednesday. He is described as a white male in his mid-30s with dark hair and weighing approximately 170 pounds. He was last seen Monday night wearing cut-off jeans, a white T-shirt with holes in it and yellow thongs on Warren Wagon Road. Rhea described him as shaven, but looking "scraggly and unkempt." Anyone who has seen someone matching that description, should con- tact Rhea at the sheriff's office, 382- 4202. "I consider this a very serious of- fense," Rhea said. "No stones will be left unturned in our efforts to identify this person." According to Rhea, the victim was camping with a large group of young adults. All of them left the camp except the 20 year -old female, who is believed to be from the Nampa or Meridian area. Around dusk, the suspect watched the camp to see if anyone else was in the area, Rhea said. He then entered the camp and talked to the victim for a while before the rape occurred. "This individual was rather Computer sketch of rape suspect shrewd. He cased the place," Rhea said. "Had there been somebody else down there, this would never have occurred." The woman's boyfriend returned later that evening and found her in the woods nearby. He reported the rape, and she was taken to the McCall Memorial Hospital. She was later taken to Ada County where she was assisting police in making a computer -aided sketch of the suspect. Rhea also said police recovered other evidence from the crime scene. Rhea warned that the general area where the crime occurred has been the site of several crimes in the past two years. "I would strongly suggest that people be aware of that area and take basic, simple precautions," Rhea said. r- lYen's .. 2 arrested in McCall, BY SHARI HAMBLETON The Star -News Local law enforcement officers arrested two of three men being sought for the brutal rape and beating of an Oregon woman. last week. The third suspect is still at large. The arrests were made Friday night after local law enforcement officers received a telephone tip the men were living in McCall, Police Chief Ed Parker said. McCall police officers, Valley County Sheriff deputies and a spe- cially trained squad of Idaho State Police officers entered a residence at 818 Reedy Lane where surveillance officers confirmed the men were stay- ing. Officers entered the house just af- ter midnight Friday, arresting Trent Edward Black, 31, of Fruitland and Bruce Eugene Huston, 37, of Ontario, Ore. The pair were arrested on felony warrants from Grant County, Ore., for rape, kidnapping, burglary and theft. Black, Huston and Huston's brother, Delmar Joe Huston, 31, of Otis, Ore., are charged with brutally raping and beating a 21-year-old woman they had recently befriended in Ontario, Parker said. Black and Bruce Huston were taken to the Valley County jail in Cascade where they are awaiting extradition to Oregon. Law enforcement officers are continuing to search for Delmar Huston. Court records indicate the men re- portedly gave the victim a ride to John one still sought in Ore. rape Bruce E. Huston Charged with assault of woman Day, Ore., tor a court appearance she had there. Afterward, police reports indicate the victim was taken to a nearby remote area and attacked, re- peatedly raped and beaten uncon- scious. A Forest Service work crew dis- covered the rape in progress and the attackers fled in their vehicle, a yel- low and tan GMC truck, Parker said. That vehicle was recovered in Or- egon Monday. Delmar Huston Still sought by police Delmar Huston is considered armed and dangerous, Parker said. He is described as a white male, 5-feet- 11, 150 pounds, with blonde hair and hazel eyes. He reportedly has a num- ber of tattoos on his arms and shoul- ders. Members of the public who may have any current information about Delmar Joe Huston are urged to con- tact the McCall Police Department at 634-7144. "This should be a reminder to the citizens of McCall that there are people like this who do pass through McCall and who reside here," Parker said. "My suggestion is never become complacent," he said. "Everyone should practice common sense.' Trent E. Black Arrested in McCall for rape Slat- News Auld 31, /q95 Third rape suspect captured in Oregon BY SHARI HAMBLETON The Star -News Lincoln County, Ore., law en- forcement authorities on Sunday morning arrested Delmar Joe Huston, the third of three men charged with the rape of an Oregon woman earlier this month, in New- port, Ore. Huston, 31, of Otis, Ore., was being held in a Newport, Ore., jail, according to the office of Grant County District Attorney Edward Holpuch. Delmar Huston is accused along with his brother, Bruce E. Huston, 37, of Ontario, Ore., and his cousin, Trent Edward Black, 31, Gleneden Beach, Ore., in the rape of a 21- year-old woman they reportedly befriended in Ontario, Ore. The rape occurred earlier this month near John Day, Ore. Bruce Huston and Black were both arrested Aug. 11 at a McCall residence during a late -night raid, but police reports indicate Delmar Huston had left the area shortly before the arrests. Delmar Huston will likely be transported from the Lincoln County jail in Newport within the next few days to Grant County to face an eight - count grand jury indictment including charges of first degree rape, kidnap - Delmar J. Huston Rape suspect taken into custody ping, sex abuse, attempted murder, burglary, theft and two counts of as- sault, Holpuch said. Bruce Huston was transported from the Valley County Jail in Cas- cade Friday to Grant County and arraigned on the same grand jury charges, Holpuch said. While bail was initially set for the three men at $160,000 each, it was raised to $250,000 following the grand jury indictment of Bruce Huston because of the serious na- ture of the charges, Holpuch said. The same indictment is await- ing Trent Black after extradition to Oregon from Valley County, Holpuch said. In a new develop- ment last week, Black was charged on Friday in connection with the earlier rape of a 16-year-old girl near (nnncil If convicted, Bruce Huston, Delmar Huston and Trent Black face a minimum of 35 years in the Oregon state penitentiary, Holpuch said. Be- cause of a recently passed state law mandating fixed sentences for spe- cific.major crimes, no shortening of their, sentences would be possible, inclining parole, Holpuch said. Five of the eight charges the three men face fall into categories addressed by the new Oregon law, Holpuch said. 5 d A/, w - 5 .P t 1 e n b_e y '1 , 1 9 9,7` Guardsman arrested for rape An Idaho National Guardsman as- signed to the Corral Fire near McCall was arrested last week and charged with the rape of a Kootenai County woman in July, the Idaho Department of Law Enforcement report. David T. Clawson, 28, of Post Falls, was arrested last Thursday without incident in McCall after being sum- moned from his post providing secu- rity for the Corral Fire, a news release said. Clawson was working with the 116th Engineer Brigade of the Na- tional Guard. Details of the July rape were not available. The arrest was made through the cooperation of Idaho State Police, the National Guard, federal and local law - officers, a news release said. a -duo ca.te- S/� f /cgs% Rape suspect bound over, remains jailed on $250,000 bond CASCADE —A 42-year-old Yellow Pine man was bound ovc. to Fourth District Court for arraignment on two felony charges, rape and the use of a firearm in the commission of that alleged rape. Clifford Michael Matlock, a seven-year resident of Yellow Pine, was arrested following an investigation by the Valley County Sheriff's Department. The charges stem from a mid -April incident in which Matlock is alleged to have raped a Yellow Pine woman on a day during which there was allegedly some drinking and use of marijuana. Matlock remained in the Valley County Jail Tuesday on $250,000 bond. During Monday's preliminary hearing before Magistrate Judge Darla Williamson, both the alleged victim and Matlock's wife testi- f ied in the matter. His next court appearance is an arraignment in Fourth District Court. That arraignment is scheduled for 10 a.m. May 27. This week's front page stories Page 1 of 1 Corrertion A story in The Star -News last week about the arrest of Christopher Montgomery on a charge of rape incorrectly implied that Montgomery was living at a barber shop at 203 E. Lake St when he was arrested on March 25. Montgomery lives in Lake Fork, but the owner of the barber shop gave him permission to spend the night at the business on March 25. http://www.mccallstarnews.com/pages/fp_stories_page.php 4/5/2012