Child molester given 20 years
Keith KINNAIRD<br | Hagadone News Network | UPDATED 15 years, 1 month AGO
SANDPOINT — A Priest River man who admitted molesting an 11-year-old girl dodged a life sentence on Monday.
Judge Charles W. Hosack declined to impose the maximum sentence sought by the state, but also rejected a defense request for retained jurisdiction, which could have qualified Dayle Scott Westra for probation after serving just six months in prison.
Hosack ordered Westra to serve 20 years. Under the terms of the sentence, Westra would have to serve at least two and a half years before he can be considered for parole.
“I’d like to apologize to (the victim) for all the hurt I’ve caused her,” said Westra, who was also a victim of childhood sexual abuse.
Westra, 36, pleaded guilty to lewd and lascivious conduct in January, about a month after allegations surfaced that he had been sexually abusing the girl.
Although Westra had an otherwise spotless criminal record, Bonner County Prosecutor Louis Marshall recommended a sentence of 10 years to life because the conduct was “too severe” and “too outrageous.”
“It is commensurate with the acts he has committed,” Marshall said of the recommendation.
Chief Public Defender Isabella Robertson asked the court to consider five- or 10-year prison terms with retained jurisdiction — sentences which would give Westra better access to sexual offender treatment programs.
Robertson also emphasized that Westra acknowledged the price the victim paid as a result of his actions.
“He knows that she’s never going to be whole again,” Robertson said.
The victim’s mother also urged the court for leniency.
“He has taken responsibility for his actions in my eyes,” she said.
Hosack, however, found that retained jurisdiction would deprive the sentencing goals of punishment and deterrence, while a life term would deny another sentencing goal involving rehabilitation.
A psychosexual evaluation of Westra concluded that he was a good candidate for sexual offender treatment and the risk of re-offending would be low if he had access to such treatment.
Hosack also found that Westra’s presentence investigation did not show any of the ploys abusers use to mitigate punishment — blaming the victim or minimizing their acts.
“The evaluation is very positive about the chances for treatment,” said Hosack.
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