Man sentenced after taking Alford plea in alleged sexual assault of 10-year-old

IDAHO FALLS — A 45-year-old man was sentenced Thursday after pleading guilty by Alford plea, to allegedly sexually assaulting a young girl while she was at his home, in front of her siblings as they played with a VR headset.

Johnny Whitaker was sentenced by District Judge Michael Whyte to a minimum of five and a maximum of 10 years in prison. Whyte then suspended that sentence, and placed Whitaker on a four-year probationary term.

He will not be required to register as a sex offender, but was ordered to spend 90 days in county jail with five days of credit for time already served.

A no-contact order was issued for the victim for 10 years, and Whitaker will not be allowed to have contact with any females under the age of 18 without supervision. He will also be required to complete 100 hours of community service.

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Whitaker was initially charged with felony lewd conduct with a child under 16 years old. He later accepted a plea agreement, where he agreed to take an Alford plea to an amended charge of felony injury to a child, if the prosecution agreed to recommend probation of no more than three years and a period of local jail time at sentencing.

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.

Background

According to court documents, a Bonneville County Sheriff’s detective followed up on a child sexual abuse case on May 9, 2024, where an 11-year-old reported that she was at a relative’s house watching TV when a photo appeared that looked like Whitaker, according to court documents.

The victim told her sibling that the man looked like Whitaker and said, “I hate him. He’s a pedophile.”

She then told her sibling that Whitaker had sexually abused her multiple times. The sibling convinced the victim to tell their parents, and law enforcement was notified.

The victim disclosed that Whitaker used to visit the family when she was around 8-years-old, but it had been a few years since she last saw him.

The victim told the interviewer that they would often play with a VR headset, and Whitaker would abuse them while her siblings were using it, 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 was reportedly very upset. She said it “made her realize why (the victim) had been having behavioral issues starting around the suspected time these (abuses) had occurred.”

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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.

Whitaker agreed to appear for an interview on May 24, but never showed up.

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 for three days over a year ago, and they would often play the Oculus, 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.”

The hearing

The now 12-year-old victim, along with her mother and father, spoke through tears and bated breaths about the trauma and horror they’ve experienced since the child was allegedly sexually assaulted by Whitaker at his home.

“Our daughter has been left with deep, emotional scars that we’ve watched unfold everyday,” said the mother. “She experiences severe anxiety and depression, and the trauma has taken away the joyful, carefree child I once knew.”

She continued, explaining that the victim experiences nightmares, flashbacks, and is easily frightened since the alleged assault, noting that her daughter often sleeps on a mattress on the floor of her bedroom, due to fear and anxiety.

“She no longer sleeps peacefully, and the nightmares that torment her have become a part of her reality. My daughter won’t sleep without her nightlight, not because she’s afraid of the dark, but because she’s already seen what lives in it,” said the mother. “My daughter has night terrors. I’ve heard her scream in her sleep, crying out ‘No! Please stop!’ as she relives the horror she experiences.”

The victim’s father addressed the court, apologizing to his daughter by saying he wishes he could’ve protected her from “the monsters of this world.”

“I am the father of this beautiful girl. I am also the father of five other beautiful daughters. And at each and every one of their births, I prayed that I would be the father they deserved and be able to keep them safe from evil and the monsters of this world,” said the victim’s father. “I’ve witnessed so many night terrors and breakdowns from our daughter, and that is so hard to watch. The pain and sadness is unbearable as a father, to know that she will fight this battle daily for the rest of her life.”

The 12-year-old victim spoke through tears and gasps, explaining the pain and suffering she has dealt with since the alleged assault.

“After it happened, I felt like it was my fault. I kept it secret for years. I had nightmares and I didn’t want to sleep. I stopped playing with my friends and hanging out with my family. I didn’t feel like myself anymore, I was afraid all the time,” the girl said. “I don’t like being alone, and sometimes I get so angry or so scared, and I don’t even know why. I used to laugh a lot. I didn’t feel safe anymore, not at home, school or anywhere.”

She continued, detailing the counseling and treatment she has been participating in since the assault to help her deal with nightmares, panic attacks and other severe emotional reactions.

“I’m not giving up, I’m getting help now. I talk to a counselor, and I’ve been doing Neurofeedback to help my fears and anxiety. I’ve learned to use words like trauma and healing,” the girl said. “I still feel afraid sometimes, but I also feel proud that I was brave enough to tell the truth. I want to move forward. I want to feel strong and I want to feel safe again.”

Marvin Stucki, Whitaker’s defense attorney, then recommended a period of probation without local jail time or any required sex offender treatment, stating his client’s risk to re-offend is low, and that he previously had a good reputation in the community.

“I don’t think I can recall another case in which my client has never consumed alcohol, didn’t smoke, didn’t run with a rough crowd, didn’t party, and had been brought up by a very good family,” Stucki said. “Clearly, he had a good upbringing and was active, and happy to be so in his church, involved in the church, volunteering with civic organizations, and trying to help as much as he could.”

Stucki continued, saying that Whitaker’s life was torn apart after the criminal charge, which he has never admitted to.

“(Whitaker) had a good family, a wife, a home, a good job. He was making $106,000 a year. When these charges arose, and he last that employment, from that time until now, he’s lost at least $70,000 in income,” said Stucki. “Johnny, at one time back in 2020, did think he may have a pornography problem. So he went and sought treatment and found that very helpful. In fact, (he) went back three different times to go through that program. So I think he has a clear insight into things that are affecting his life.”

Prosecuting attorney Steven Haderlie then argued for three years of probation with an underlying sentence of ten years and 100 days of local jail time, saying that if the case had been taken to court, Whitaker would’ve been found guilty.

“What should happen to a trusted adult who violated a child in this way?” asked Haderlie. “You think you’re somewhere where somebody can be trusted. You think that this is a person you could go to for help, not a person that would commit a heinous crime against you. What should happen to a trusted adult if they explode and destroy that trust over and over again?”

Haderlie continued, accusing Whitaker of posting his own polygraph results in the comment section of a previous EastIdahoNews.com article about his case.

EastIdahoNews.com was sent what appeared to be the results of a polygraph test, indicating that Whitaker was telling the truth when he said he did not sexually abuse the victim. Bonneville County Prosecutor Randy Neal declined to say whether the document is legitimate.

“(EastIdahoNews.com) had posted an article about this case about a year ago as this case was moving through the courts. They just posted (another) article about it in May of this year, and a comment appeared on a nearly year old article,” Haderlie said. “That comment said something along the lines of ‘Take a look at this.’ That comment came to the attention of both the victim’s father and the prosecution office.”

According to Haderlie, the link opened up Whitaker’s alleged polygraph results on a Google document. When examined, the document reportedly stated that it was connected to Whitaker’s email address and exposed the name of the alleged child victim.

“(Whitaker), using his email address, posted this Google document to an open internet comment on an online article,” said Haderlie. “In that polygraph, it mentions the charges against him, and it also repeats the name of this child victim over and over again, including their age.”

Whitaker then gave a statement to the court, continuing to assert his innocence and describing the ways in which the case had hurt and negatively impacted him.

“This past year has been the hardest year of my life. I have suffered much pain and loss. I lost my 20-year career, my 20-year marriage, my home, my reputation, and many friends and family members. I have felt pain, heartache, and trauma,” said Whitaker. “I have asked myself if there’s any good in this. Any lessons I can learn, and I have found in myself after experiencing this great trauma, greater humility, compassion, patience, an increase in faith, and an increase in forgiveness.”

Whitaker continued, saying he hopes the victim can find healing for her trauma and claiming he prays for her every day – although he has not admitted to the sexual abuse.

“No child should ever have to go through what she is going through, and I pray every single day that she can receive the strength and the help she needs to overcome this hardship in her life,” Whitaker said. “That she can one day be able to move on and live a normal, healthy, happy life. I wish I had more answers for them, but I don’t. I do pray for them, and I do feel their pain.”

Before ruling, Whyte explained his thoughts on the case and the open-ended closure it left to those involved.

“The aggravating factor that this court sees as I review these reports, is the effect on family. You said it yourself, everybody in this room is family. It’s an unfortunate situation, and unfortunately, it’s going to take a long time to heal, if it ever does,” said Whyte. “Whether you believe your story, whether you believe the victim’s story, there are now going to be two sides to this. And I don’t have an answer. I don’t have a fix.”

Whyte concluded, mentioning that it is unusual to see a polygraph with no significant reaction to any of the questions asked.

“I have to be honest with the parties, this is the first (psycho-sexual evaluation) and polygraph that I’ve read that shows no significant reaction for all questions posed,” Whyte said. “Typically, even when I’ve had other cases where individuals have denied their involvement in these types of crimes, there’s still a little bit of a reaction. There’s still a bit of deception.”