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Appeals court affirms ruling in enticement case

KEITH KINNAIRD | Hagadone News Network | UPDATED 7 years, 11 months AGO
by KEITH KINNAIRD
News Editor | February 15, 2017 12:00 AM

SANDPOINT — The Idaho Court of Appeals is affirming the revocation of probation for a Washington state man who pleaded guilty using the Internet to arrange a sexual rendezvous with an underage girl.

But the appeals court is remanding Edward Nicholas Bursiel’s case back to 1st District Court to determine how much credit he will receive for time served.

Bursiel, 49, was arrested when he traveled to Sagle in 2014 to meet a 14-year-old girl for a sexual encounter. He was also charged with disseminating harmful materials to a minor for sending an explicit photo.

The teen Bursiel had been communicating with was actually a Bonner County sheriff’s detective. Bursiel was arrested upon his arrival in Bonner County.

Bursiel entered into a plea agreement in which he pled guilty to the felony charge in exchange for the dismissal of the misdemeanor dissemination charge, court records indicate. He was give a five- to 10-year prison term, although jurisdiction was retained.

When jurisdiction is retained, a defendant serves up to a year in an Idaho Department of Correction prison and can become eligible for release onto probation.

Bursiel served six months in the retained jurisdiction program, also known as a rider, before being released. But Bursiel fumbled badly while on probation and racked up a half-dozen violations. He failed to register as sex offender, accessed the Internet to find a sex partner, consumed alcohol and maintained password-protected files on a computer, according to court documents. He was further accused of threatening to kill his roommate in Spokane for telling authorities of his activities.

Judge Barbara Buchanan revoked Bursiel’s probation and ordered him to serve his underlying prison sentence. Bursiel appealed, contending the court abused its discretion in ordering further imprisonment.

Appellate Judge Molly Huskey, however, disagreed and found that Buchanan did not abuse her discretion.

Huskey did find that the court erred in calculating time Bursiel served in Washington state when the probation violations were pending. Bursiel argued that he was not given credit for 71 days of incarceration in his home state, but Buchanan declined to apply the credit to Bursiel’s sentence.

“Bursiel and the state agree that the district court erred in its denial of Bursiel’s motion for credit for time served. Given that, and the state of the law, we reverse the district court’s order denying credit for time served and remand this case on the issue of credit for time served,” Huskey wrote in a five-page opinion released on Wednesday.

Bursiel is imprisoned at the Idaho State Correctional Institution in Kuna, according to the Idaho Department of Correction’s website. He becomes eligible for parole in 2018, IDOC’s website said.

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