COEUR d'ALENE - A 20-year-old Huetter man who sexually abused a young girl will not be placed on probation, a judge ruled Wednesday.

Instead, Randall S. Rothwell, convicted of a lewd act with a child under 16 in August 2010, will be sent to prison to serve a 25-year sentence.

"There are a lot of reasons," 1st District Judge John Mitchell told Rothwell during Rothwell's final jurisdictional review hearing at the Kootenai County Courthouse. "I can't overlook your performance in prison."

Five of those years are fixed, meaning Rothwell won't be eligible for parole until they are served.

Mitchell had placed Rothwell on retained jurisdiction at the 2010 sentencing.

A retained jurisdiction - often called a rider - is when the convicted are handed over to the Department of Correction up to one year, where they receive treatment and therapy at a facility in Cottonwood. After the rider, they go before the judge again, who evaluates their progress and decides whether to impose the original sentence or place the prisoner on probation.

It was the fourth time Rothwell stood before Mitchell for a review. Twice, the judge ruled Rothwell had too many disciplinary problems under DOC care, and the third review last week was continued to Wednesday, where the judge gave his order.

Mitchell also pointed to a state evaluation that classified Rothwell as not a pedophile, but a "high to moderate risk" to re-offend.

"I can never handle you re-offending," Mitchell said.

After the ruling, Rothwell turned briefly to his family sitting in the front row, then was ushered out by bailiffs.

Before the order, Rothwell read a letter to his victim, repeatedly apologizing for his action.

"You never should have been put through this," he read. "It's my fault, not yours."

Rothwell, who lived next door to the girl at the time, lured the girl into his bedroom and made her perform oral sex. Court records show that Rothwell intimidated the family afterward. The case was featured in an Aug. 29, 2010, Press story. The girl was the first child in North Idaho to be supported by the then-new B.A.C.A. group - Bikers Against Child Abuse. The girl, now 8, and several B.A.C.A. members were in the courtroom Wednesday.

"She can continue to grow," the victim's visibly emotional mother, who didn't want her name in the article, said after the ruling. "She can continue with her life and he won't be able to hurt anyone else. That's the biggest thing."

Rothwell's family and the victim and her mother still live next door in Huetter.

Rothwell had listed a plan for treatment he would receive if granted probation, which included transitional living in Lewiston, possible part-time employment, a sponsor and scheduled therapy.

But that wasn't enough, Mitchell said.

After the ruling, there had been confusion about how many years were fixed on the sentence. Prosecuting Kootenai County attorney Art Verharen had thought the judge had amended the five determinate years down to three years, as deputy prosecutor Shawn Glen had also thought during the previous hearing. After reviewing the file, Mitchell said he had only considered that reduction, but did not implement it, leaving Rothwell with five fixed years.

Rothwell is credited with more than a year of time served.

"We did everything the judge wanted," Rothwell's father said, on providing a treatment plan for his son upon release, as he left the courtroom with his family. "The judge lies."

The family declined to give their names but confirmed they were related to Rothwell.

"We did our best to follow all the rules," a female family member said. "We pray for everyone."