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Man sentenced for lewdness with children

March 15, 2013

Medina

Eighteen-year-old Marcus Ian Medina has been sentenced on three counts of lewd conduct with a child under 16.
On Wednesday, Medina appeared before Seventh Judicial Court District Judge Darren Simpson. Two of the original five counts of lewd conduct were dismissed on motion of the prosecutor.
The victim's father, LeRoy DeVar Saline II, gave a victim's impact statement.
Saline stated Marcus had dropped out of school and got into fights at school.
"He [Marcus] has a lot of anger and disrespect," he said. "He blew off any regard for others or responsibility of family.
"We have concerns for his social interaction and are saddened when he wouldn't speak up," Saline said. "He has shown no willingness to communicate with us.
"It is our hope in course, that he learns there is responsibility and consequences for choices," said Saline.
Defense attorney Allen Browning said his client has been very remorseful.
Browning said Medina has said, "I don't know how I could do something like this."
He [Medina] has been incarcerated for four months, Browning said. He has never had contact with the criminal justice system before and he is young.
"He [Medina] has cooperated," said Browning. "I would recommend probation with retained jurisdiction and require he get into a sexual offender treatment program."
The court did not accept the agreement [of probation with retained jurisdiction], said Paul Rogers, Bingham County Chief Deputy Prosecuting Attorney. "The state is bound by that agreement."
Rogers then stated that should Medina be put on probation, "he would have to go back and live with those victims.
"It's not a safe environment for the victims," Rogers said.
Judge Simpson had previously stated he would not accept the state's recommendation of probation with retained jurisdiction.
When given the chance to speak, Medina said, "I apologize deeply to my parents and the victims. It was a hideous crime.
"I am accepting change and willing to do anything the court says I should do," he said.
Speaking to Medina, Simpson said, "Mitigating circumstances in your case are your age, the fact you were a victim of abuse yourself and, after some explanation, you disclosed everything on your polygraph test. There is also the lack of criminal history."
Simpson continued, Aggravating circumstances in this case are this is a heinous crime.
"There is no justification for the choices you made," he said. "You have the ability not to participate in this conduct.
The ages of the victims are 7, 9 and 11, the judge said. "You have no excuse.
"According to the pre-sentence investigation, you are a high moderate risk to reoffend, Simpson said. "You are not a candidate for probation.
"For purposes of protection of the community, I cannot place Marcus in the community," the judge said.
On each count, Judge Simpson sentenced Medina to:
° eight years fixed and 10 years indeterminate in the Idaho Department of Correction.
° a fine of $1,000 and he must pay court costs of $540.50 on each count.
The sentences will be served concurrently with one another.
In addition, on each count, Medina was fined $5,000.
"This is a judgment against you and in favor of the victims," Simpson said.
Medina was ordered to reimburse the county $1,500 for his psycho-sexual examination and he must register as a sex offender.
Medina's fines total $21,076.50.

 

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