WALLACE — A Kellogg man was sentenced to 10 years in prison after pleading guilty to sexual abuse of a child by causing or having sexual contact with a minor under the age of 16.

David V. Welch, 54, pleaded guilty after agreeing to a settlement offer with the state in October.

In December of 2022, Kellogg police were notified by the victim’s aunt that a potential rape had occurred. According to the probable cause affidavit, it was alleged Welch had raped the victim. 

Law enforcement was unable to find sufficient evidence to charge Welch with rape. However, they charged him with sexual abuse after it was alleged that he had molested a child numerous times between November 2019 and December 2020. 

After interviewing the victim, KPD officer Matt Crawford turned his attention to Welch. 

During the investigation, Welch reportedly told police that any contact with the victim that could be considered potentially sexual was accidental or coincidental.

According to the probable cause affidavit, Welch told police there were “issues” between him and the aunt who had initially contacted police, and that they didn’t get along. 

Welch submitted to a polygraph test, which he reportedly failed.

Shoshone County Deputy Prosecutor Britney Jacobs explained the state’s position in the case, including a settlement offer that Welch ultimately accepted. 

Jacobs said that in exchange for pleading guilty, the state wouldn’t pursue sentence enhancements. The maximum penalty for sexual abuse of a child is up to 25 years in prison and $50,000 in fines. 

Welch is a registered sex offender and in 1992 was found guilty of attempted rape in Flathead, Mont., where he went by the alias David Arguello. 

“The settlement was for him to plead to the one count charge and recommendations would be open for argument,” Jacobs said. “While the maximum penalty for that crime is 25 years, the state was glad to see an imposition of a prison sentence in this case as a measure to protect society from this individual."

He said the state did not give a specific recommendation for the length of time to serve, leaving it to the court’s discretion. He said they did inform the court that the victim's guardians would like to see him serve the maximum sentence.

Judge Barbara Duggan imposed the 10-year sentence, which includes three years fixed and seven years indeterminate. 

“The sentencing outcome, while it is not as lengthy as the state would have liked, keeps the child from being revictimized through the trial process and achieves the goal for protection of society while he is incarcerated,” Jacobs said.