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Prison is ordered in rape case

KEITH KINNAIRD | Hagadone News Network | UPDATED 5 years, 2 months AGO
by KEITH KINNAIRD
News Editor | February 27, 2020 1:00 AM

SANDPOINT — A Sagle man accused of using the internet to lure a 13-year-old girl into engaging in a sexual relationship was ordered to serve up to eight years in prison on Tuesday.

Justin Lyle Gibson will have to serve at least three years of the term before he can be considered for parole, according to the terms of the sentence imposed by 1st District Judge Barbara Buchanan. Gibson will also have to register as a sex offender upon his release.

Gibson, 34, was initially charged with enticing a child via the internet and sexual exploitation in May 2019, after Bonner County sheriff’s investigators received a cyber tip from Facebook through the National Center for Missing & Exploited Children. The tip warned there was a high risk to the child and the matter was time sensitive, according to court documents. The social media network reported that the teen was engaging in a sexual discussion and exchanging sexually charged emails with Gibson.

Gibson was subsequently charged with three counts of lewd and lascivious conduct and three counts of statutory rape. However, Chief Public Defender Susie Jensen successfully moved for the dismissal of the lewd conduct charges because they were unfairly duplicative and violated the double jeopardy clauses of the U.S. and Idaho constitutions, court records show.

Gibson pleaded not guilty to the charges, but later agreed to plead guilty to one count of rape. In exchange, the remaining two rape charges were dismissed in exchange for the plea.

Bonner County Senior Deputy Prosecuting Attorney Daniel Rodriguez believed the recommended eight-year term seemed light in light of the age difference between Gibson and the alleged victim, and because the two had used drugs and alcohol together.

“It’s all pretty bad,” Rodriquez said.

However, the teen and her counselors agreed that the rigors of a trial would have a detrimental effect.

Jensen said her client was genuinely remorseful and pointed out that her client waived a preliminary hearing in the case to avoid forcing the teen to testify, a decision Gibson made before any offers were on the table.

“Mister Gibson does recognize the harm this has had on (the teen),” Jensen said.

Gibson wept as he addressed the court.

“I take full responsibility for everything. I make no excuses,” Gibson said.

Buchanan agreed to adopt the sentencing recommendation due to the length of Gibson’s pretrial incarceration of 285 days, his remorse and his decision to spare the teen the ordeal of testifying. Buchanan, however, noted that the teen was already dealing with tragic circumstances in her life when she crossed paths with Gibson.

“She’s a very, very vulnerable young lady,” Buchanan said.

Keith Kinnaird can be reached by email at kkinnaird@bonnercountydailybee.com and follow him on Twitter @KeithDailyBee.

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