Man gets jail time for sexual assault of woman at Rexburg church
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REXBURG — A judge ordered a man to serve jail time followed by probation for a sexual assault that occurred at a Rexburg church.
Over Zoom on Monday, District Judge Steven Boyce ordered Gary Jason Tauialo, 33, to spend 240 days in jail. Tauialo has already spent 58 days in jail and will only have to serve the remaining 182 days. Earlier this year, Tauialo pleaded guilty to felony aggravated battery with the intent to commit a serious felony (rape) and misdemeanor sexual battery.
Tauialo used an Alford plea on the misdemeanor count, according to court minutes. An Alford plea is a guilty plea where a defendant continues to assert their innocence but admits a jury would likely find them guilty with the evidence presented.
Once Tauialo serves his jail time, he will also have to spend five years on probation and complete 50 hours of community service.
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Tauialo was facing up to life in prison when initially charged with felony rape where the victim resists but is overcome by force or violence, and forcible sexual penetration by the use of a foreign object. As part of the plea agreement signed with Madison County Prosecutor Rob Wood, those charges were amended.
Wood argued Tauialo should at least serve time in prison on a rider program, according to court minutes. Wood also preferred that Tauialo serve three to seven years in prison despite a presentencing investigation (PSI) suggesting probation.
Defense Attorney Douglas Knutson argued Boyce should follow the PSI and place Tauialo on probation.
The investigation into Tauialo began on Jan. 12, 2018, when the Rexburg Police Department picked up a rape kit from a Jane Doe at Madison Memorial Hospital. The following day, the victim came forward and told her story, according to an affidavit of probable cause.
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The victim told police that on Jan. 11, 2018; she played volleyball at The Church of Jesus Christ of Latter-day Saints building on West 1st South. Following the activity, Tauialo, the Ward Clerk, asked her to help lock up the building.
A violent sexual assault followed, according to police reports. The victim described the entire encounter and told police she had told Tauialo no multiple times.
Tauialo asked for an attorney before going into any detail about the night of the sexual assault with detectives. During interviews he denied the assault took place.
Police also took a DNA sample from Tauialo for comparison to the rape kit. Results for DNA tests take months. In Dec. 2018, the Idaho State Police crime lab said the DNA from the kit and the Tauialo were statistically a match. Charges were then filed against Tauialo in January 2019.
After the story hit the news, the police asked for information regarding potential other victims of Tauailo. At the time, Rexburg Police Detective Dave Hope told EastIdahoNews.com that two additional women filed reports about Tauialo allegedly assaulting them.
Additional charges were never filed. In the plea agreement, Wood agreed to not bring charges involving the two potential victims” against Tauialo.
In addition to the jail time and probation, Boyce ordered Tauialo to pay $1,500 in fines.
As the sentencing was held virtually, Tauialo has until Nov. 6 to report to the Madison County Jail and serve his sentence.