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-
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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