Man gets 40 days in jail for felony injury to a child

IDAHO FALLS — A 22-year-old man who was originally charged with non-forcible rape has been sentenced to 40 days in jail and probation for a lesser crime.

Rey Angeles Nieto, 22, was sentenced to 40 days in county jail with work release on Tuesday. He was originally charged with rape where the victim is younger than 16 and the perpetrator is 18 or older. But that charge was reduced to felony injury to a child as part of a plea agreement.

A significant point of contention between the prosecution and defense, in this case, was whether Nieto was forceful with the victim. According to court documents, the victim told police Nieto forced her to perform oral sex on him. Nieto admitted to asking her to do the act, but claimed he was never forceful with her.

“Certainly what’s without a doubt was the defendant engaging in a sex act with an underage child (regardless of) whether or not force was involved,” Bonneville County Chief Deputy Prosecutor John Dewey said during sentencing. “That’s why the case was charged the way it was but there were always lingering questions about force.”

Dewey said Nieto submitted to a polygraph test that cleared up the issue enough that Dewey was comfortable with the plea agreement.

He also said the victim gave input throughout out the case and eventually agreed to the plea agreement Dewey offered Nieto.

“If I could go and change what happened I would,” Nieto said tearfully during his statements. “I am deeply sorry for what happened to the victim and the family and I hope they can accept my apology.”

Nieto must also pay a $1,000 fine. Restitution to the victim has been left open to be decided at a later date.