Rape charge against Pocatello man sent to district court following hearing
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POCATELLO — Following a hearing Wednesday, a judge found sufficient evidence for a 19-year-old man to be bound over to district court on a rape charge.
Eli Flores appeared in court before Magistrate Judge Aaron Thompson Wednesday for a preliminary hearing. Following testimony from a 15-year-old victim and a Chubbuck detective, Thompson determined Flores would be bound over on the felony charge.
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Flores was arrested in March for the rape of a victim under the age of 16.
At Wednesday’s hearing, the prosecution called the victim to testify. The victim stated she was 15 at the time of the incident, sometime in September or October 2022. She also testified that although she did not know Flores well, she knew him to be 18 at the time.
Clearly nervous and timid in answering questions posed by the attorneys, she said she could not recall the exact date or the exact number of times the two had sex.
Once or twice, she said. “It was no more than twice.”
The prosecution then called on a detective from the Chubbuck Police Department, who said Flores was the subject of several criminal investigations undertaken by the department. The detective testified that, to their knowledge, Flores was 18 during the date range that the alleged rape occurred.
During closing arguments, the defense focused on the fact that an exact date was necessary in this case because Flores, who turned 18 in April 2022, could have been only 17 at the time of the incident.
Defense attorney Nathan Rivera also argued the prosecution had not provided “convincing evidence” the crime had ever occurred. He pointed to the fact that the victim, who struggled to speak at all, could not recall the exact details, like the date or time of the rape.
The state, Rivera added, is required to provide “substantial evidence” a crime occurred, which he believed it had not.
Thompson responded by saying that the “on or about component” had been met — and is accepted in crimes involving children.
It was Thompson’s conclusion that enough evidence was provided to warrant the case being sent to district court for a jury trial.
A date for district court arraignment was not set at the hearing.
Though Flores has been charged with this crime, it does not necessarily mean he committed it. Everyone is presumed innocent until they are proven guilty.
If he is found guilty, Flores could face up to life in prison.