Man takes Alford plea after being accused of sexually abusing a child while playing VR

IDAHO FALLS — A 44-year-old man has taken an Alford guilty plea after being accused of sexually assaulting a child while other nearby children played with a VR headset.

Johnny Whitaker initially pleaded not guilty to felony lewd conduct with a child under 16 years old.

RELATED | Man charged after child says she was sexually abused while playing VR

On Monday, Whitaker took an Alford guilty plea to an amended charge of felony injury to a child as part of a plea agreement.

An Alford plea is a guilty plea in which Whitaker continues to assert his innocence but admits that a jury would likely find him guilty based on the evidence presented.

In exchange, the prosecution agreed to recommend probation of no more than three years and a period of local jail time.

The plea is non-binding on the court, meaning the judge does not have to agree to either party’s recommendations for sentencing.

Whitaker’s sentencing is scheduled for Aug. 21.

EastIdahoNews.com was sent what appears to be the results of a polygraph test, indicating that Whitaker was telling the truth when he said he did not commit the crime for which he is accused. Bonneville County Prosecutor Randy Neal declined to say if the document is legitimate or not.

Background

According to court documents, a Bonneville County Sheriff’s detective began following up on a child sexual abuse case on May 9, 2024.

During a forensic interview, the victim said Whitaker used to visit her family when she was around 8 years old, but it had been a few years since she last saw him.

She stated they would often play with a VR headset, and Whitaker would inappropriately touch her while her siblings were playing the game so they could not see what was happening.

She stated she was “very scared every night because she didn’t know what he was doing to everyone” and after being abused, she would go to a bedroom and lock the door until another adult came home.

After the interview, the detective spoke with the victim’s mother who said it “made her realize why (the victim) had been having behavioral issues starting around the suspected time these (abuses) had occurred.”

The mother said the victim had been “increasingly angry and fighting with (her siblings) more than usual.”

The detective contacted Whitaker who was reportedly “very evasive and argumentative” and refused to meet with the officer until he was told of the potential charge against him.

On May 28, the victim’s sibling spoke with police and said Whitaker would “force (the victim) to sit really close to him.”

According to the sibling, Whitaker would give the children hugs that “were very tight and he would hold the hug for a long time and not let go when the girls let go.”

On June 13, the detective met with Whitaker and his attorney. Whitaker said he knew “almost nothing” about why he was asked to speak with a detective.

During the interview, Whitaker said the victim and two siblings had stayed at his house over a year ago for a period of three days, and they would often play the Oculus, which is a video game that includes a VR headset.

Whitaker said they “had a normal, healthy relationship,” and the children’s mother can “be all over the place with what she thinks is a big ticket item.”

He then denied inappropriately touching the victim and said he would be willing to take a polygraph test.

Later, the mother of the victim had another of the siblings do a forensic interviewer, who said Whitaker gave “uncomfortable hugs” but said she did not see anything illegal between him and the victim.