Bullrider pleads guilty at arraignment session
By: JESSICA KELLER
ARGUS OBSERVER
Sunday, December 21, 2008 1:58 AM PST
PAYETTE—A professional bullrider charged with felony domestic violence pleaded guilty following a plea agreement during his arraignment Friday in Payette County District Court.
Zeb Lanham, Sweet, 24, was arraigned Friday morning and pleaded guilty in relation to an incident Nov. 3 in Fruitland. According to police, Lanham caused “great bodily harm with traumatic injury” on the face of his girlfriend, Kimberly Butler, 22, which sent her to the hospital for injuries including a broken cheekbone and swelling that apparently put pressure on her brain. Payette County Prosecuting Attorney Brian Lee said guilty pleas are not unheard of at arraignments, and prosecutors had been working out a plea agreement in the case after the preliminary hearing.
One of the terms of the agreement is that Lanham be sentenced to a 10-year unified prison term with the first five years fixed. The plea agreement also stipulates Lanham pay restitution, although the terms of that have not been decided upon yet. The prison sentence, however, comes with the stipulation at the Feb. 19 sentencing date, the prosecutors will recommend the judge retain jurisdiction of the case, allowing Lanham to complete a rehabilitation and education program, which usually lasts between four to six months, Lee said. Following the completion of the program, depending on the results, the Idaho Department of Corrections could recommend to the judge Lanham serve probation or serve the original sentence, or the judge can go ahead and impose the original sentence anyway.
“Based on the totality of the circumstances of the case, we determined that was an appropriate plea agreement in this matter,” Lee said.
In Idaho, if a person has not been convicted of a prior felony offense, it is unlikely he or she would go to prison for the initial conviction, regardless. Under the current plea agreement, Lanham will have to demonstrate prison is not the best option before a final decision is made.
Lee said, based on his records, Lanham does not have a prior felony conviction. According to Idaho Department of Corrections records, however, Lanham is facing misdemeanor battery charges in Gem County in a case that has been scheduled for jury trial. Lee said, while that case remains unresolved, it is impossible to say whether it will have any impact in Lanham’s sentencing or affect possible probation opportunities if his treatment program is completed successfully.
“Other crimes are always relevant to sentencing, however, if they’re not yet resolved ... then their relative weight is difficult to determine,” Lee said.
Another possibility to all this, however, is the sentencing judge could reject the plea agreement all together Feb. 19, in which case, the plea agreement could be withdrawn and Lanham could opt for a jury trial, Lee said.
In other criminal justice news: The plea hearing for Marcos Delafuente, Ontario, charged with the murder of his girlfriend Apolonia Deleon this summer, has been rescheduled for Feb. 11.
Payette Is Bored wrote on Apr 17, 2009 9:07 AM: