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Charges reduced in rape, lewd conduct case

by KEITH KINNAIRD
News editor | September 3, 2017 1:00 AM

SANDPOINT β€” A Bonner County man accused of lewd conduct entered a plea to a reduced charge of misdemeanor injury to a child.

First District Judge Barbara Buchanan imposed a 180-day sentence with 150 days suspended and credit for 10 days he’s already served, court records show. Hoisington could be made to serve up to 20 days in jail at the discretion of his probation officer.

Hoisington, 24, was originally charged with two counts of lewd conduct and a count of rape. He allegedly touched the genitals and breasts of a 15-year-old girl in November 2016. He was further accused of having sexual intercourse with the teen at a residence southwest of Priest River. The teen testified at a preliminary hearing in April and a judge ruled there was sufficient evidence to justify trying him in 1st District Court.

A judge, however, declined to find probable cause on the lewd conduct involving the teens breasts because they were not technically reproductive organs, court records show.

Hoisington pleaded not guilty to the surviving charges, but entered into a pretrial settlement agreement which reduced the remaining lewd conduct to injury to a child and dismissed the rape charge.

Hoisington entered an Alford plea to the child endangerment charge, which means he accepts no moral responsibility for the offense but concedes he could be convicted if the case went to trial.

Buchanan placed Hoisington on probation for two years and ordered him to undergo a psychosexual evaluation, court records indicate.

Keith Kinnaird can be reached by email at kkinnaird@bonnercountydailybee.com and follow him on Twitter @KeithDailyBee.