Judge sentences man to 25-year sentence for ‘sexually deviant’ and ‘reprehensible’ behavior
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POCATELLO — A Bannock County man who pleaded guilty to lewd conduct with an 11-year-old girl has been ordered to serve a unified prison sentence of 25 years.
Markus James Hottel, 22, pleaded guilty after reaching a plea agreement with the Bannock County Prosecutor’s Office.
During a sentencing hearing Friday, District Judge Cody Brower ordered Hottel to serve a minimum of 10 years in prison — with an additional 15 years of indeterminate time to be used at the discretion of the Idaho Department of Correction. Prior to issuing judgment, Brower said he would not go along with a pre-sentence investigation that recommended Hottel be sent on a rider.
A rider, Brower concluded, would not accomplish necessary punishment, protection for the community and deterrence for others who would consider committing a similar crime.
“It’s insufficient,” the judge said of the recommended sentence.
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Hottel was arrested last July after the Bannock County Sheriff’s Office received a tip regarding his assault of the pre-teen.
During an interview with a child therapist, the victim said she felt hopeless as her attempts to stop Hottel failed.
Speaking on Hottel’s behalf at the sentencing hearing, public defender Scott Pearson recommended a sentence of 10 to 25 years in prison, as agreed upon in the plea agreement.
Pearson went on to say he believes Hottel will do his part in rehabilitating while in prison, pointing to his client’s request for the deal. Hottel, Pearson said, had intended to take the case to trial but reached out to request a deal.
“I think its’ telling, the timeframe that he had a change of heart,” Pearson said, adding that the decision came “prior to DNA evidence coming to us and coming to light, in this case.”
That decision, Pearson added, shows “some maturity” and “a desire to change and to be a better person.”
Given a chance to speak for himself, Hottel apologized to the victim and her family, saying he knows he must show his remorse through actions rather than words.
“I’m very ashamed for what I did,” he said.
Prosecuting attorney Erin Tognetti spoke to a pre-sentence investigation and psychosexual evaluation. The evaluation, according to comments made by Brower and Tognetti, noted that Hottel was not identified by the evaluator as a “pedophile” — or someone with sexual attraction toward children — but as someone who lacks impulse control and sexual deviance.
The PSI recommended a rider, giving Hottel the opportunity to rehabilitate.
Tognetti pointed to the victim, who was in the courtroom but chose not to speak, telling the judge that in her opinion the girl looked even younger than her age — 11.
“There is something very serious when someone can be sexually aroused by a child,” she said.
Furthermore, Tognetti said, the PSI and evaluation stated the victim did not fight back or demand that Hottel stop. “She’s a child,” Tognetti argued, fighting back was not an option, especially since she “felt hopeless” during the attack, as she told the advocate who interviewed her.
Tognetti spoke strongly against a rider as penalty.
Brower said he read the PSI and evaluation “thoroughly” and was not willing to accept the recommendation of a rider.
“Whether there was fighting or not, 11-year-olds cannot consent,” Brower said speaking directly to the claim that the victim did not attempt to fight off Hottel.
“This has changed this young woman’s life. Though she can overcome, it’s never going to be the same for her,” the judge said of the victim, adding that Hottel’s sexual deviance and impulsivity presents a “great risk” to the public.
After ordered Hottel to serve at least 10 years in prison and remanding him into the custody of the Idaho Department of Corrections, Brower decided not to order a fine.