Man who may have impregnated teen sentenced for child endangerment
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IDAHO FALLS — A man accused of impregnating a minor has been sentenced to serve 28 days in jail.
Damien Ray Hayes, 22, was sentenced Monday for felony child endangerment. His jail term will be followed by probation.
Hayes was originally charged with rape where this victim is under the age of 16 but the charge was amended as part of a plea agreement.
One of the conditions of his probation is to remain in the Habilitation, Advocacy & Supports supported living center where he is receiving assistance for his developmental disabilities.
In a victim impact statement, the victim revealed that she is pregnant and plans on keeping the child. Hayes will be required to undergo a paternity test and if he is the father, District Judge Dane Watkins ordered that he be responsible for child support. The child is due in August.
As part of the plea agreement, both the defense and prosecution recommended probation. Bonneville County Chief Deputy Prosecutor John Dewey also recommended Hayes spend one more month in the county jail.
Hayes has spent around 60 days in jail for this charge and another 60 days on petit theft and burglary charges. Watkins agreed with the recommendation; however, he chose to sentence Hayes to 28 days so that he would not lose funding to remain in the supported living center.
Watkins gave an underlying sentence of two years fixed with eight years indeterminate per Dewey’s recommendation. If Hayes violates his probation, he may have to serve that full sentence.
“We have to ensure that you understand that what you did was terrible and has devastating consequences,” Watkins said during sentencing.
The defense and prosecution acknowledged Hayes’ developmental disabilities as a factor in the case and Watkins did not require Hayes to maintain employment as a part of his probation because of those disabilities.
Though the charge was amended from a sex crime to child endangerment, Hayes was ordered to undergo sex offender treatment while on probation.
The charge came after the victim allegedly took her 12-year-old sister to Hayes’ house after sneaking out. The sister allegedly told her mother that Hayes and the victim had gone into his room.
Police reportedly found messages between Hayes and the victim where he called her “babe,” “love” and “honey.” They also found a message from Hayes to the victim’s mother allegedly asking her for permission to date her daughter. They found messages on the victim’s phone to her friends that talked about her sneaking out of her house to meet her boyfriend and needing a ride home.
Hayes claimed the victim showed him a fake ID and that his mother had seen it also.
“It wasn’t rape because she told me that she was 18,” Hayes reportedly told police.
During his statements, Hayes said he sorry for what he did and wants to change. He said he has been trying to go to church every week and would like to work to obtain his GED and continue at HAS.
“I honestly feel bad,” Hayes said. “I regret it. I do. That’s why I’m trying to change my life. I don’t want to be like that.”