Prison is ordered in rape case

BONNERS FERRY — A Bonner County man was sentenced Jan. 19, on four felony charges of rape, injury to a child, possession of a controlled substance and drug paraphernalia.

A jury handed down the guilty verdict to Shane A. Kraly, 32, on Nov. 17, after examining case details involving Kraly and the 16-year-old alleged victim.

On count one, rape and count two, felony injury to child, 1st District Judge Barbara Buchanan sentenced Kraly to the Idaho State Board of Corrections for a total unified sentence of 15 years, commencing with a fixed term of five years to be followed by an additional 10 years indeterminate.

On count three, possession of a controlled substance, methamphetamines, Buchanan handed down five years fixed with no indeterminate sentence. The sentence is concurrent on all counts and Kraly received credit for the 267 days served.

The charges against Kraly surfaced on or about April 28, 2016, when the alleged victim — known as M.M. in court documents — disclosed that Kraly had injected her with methamphetamines multiple times and raped her repeatedly throughout the previous night.

Defense Attorney Jeremi Ossman argued that Kraly was deprived of making a choice in the situation because the 16-year-old alleged victim, now 18, initially contacted Kraly through Facebook and told him that she was 19-years-old and the two of them made plans to meet for the purpose of having intercourse.

Ossman said that Kraly is not a child molester and would not have had relations with M.M. if he had known how old she really was.

“She deprived him of his choice and we would not be here today if she did not tell him she was 19,” Ossman said.

Kraly spoke on his own behalf.

“I had just gotten out of prison,” Kraly said, addressing the court. “I know I’ve made bad choices, but I was not looking to break the law.”

Ossman said Kraly is remorseful and does not have a history of violent crimes.

Boundary County Prosecutor Tevis Hull disagreed and recommended a 20-year sentence, stating that Kraly is a persistent violator and that there were circumstances surrounding the situation that gave Kraly ample clues to the alleged victim’s true age, such as her hiding out from the school bus and how she had asked him to drive her to the high school. Hull argued that, though Kraly may not have initially known M.M.’s true age, he continued the relationship even after obvious clues as to her youth were introduced to him as the situation progressed. Hull also described Kraly as not being remorseful of the injuries that he inflicted on the alleged victim, describing in detail how Kraly allegedly forced her down and injected methamphetamines into her hands, feet, arm, and rectal cavity.

Buchanan said she did not believe Kraly intentionally set out to rape a child, but she responded to Kraly’s statement about ‘not setting out to break the law’ by pointing out to him that he had just been released from prison and was in possession of methamphetamines, and had brought the drugs with him, with the intent to use during the rendezvous.

“That alone is breaking the law,” Buchanan said.

Buchanan said that because of Kraly’s persistent violator enhancement, Kraly will spend at least five years in prison, as the sentence is a minimum of five years and a maximum sentence of up to life.