Man put on probation for 5-20 years

May 3—A Lewiston man was sentenced to 5-20 years of probation and will have to register as a sex offender after pleading guilty to sexual abuse of a child a few decades ago.

Favor Heath, 53, pleaded guilty to the charges Feb. 20 and was sentenced Thursday at the Nez Perce County Courthouse as part of a Rule 11 plea agreement, which can be accepted by a judge or the defendant's guilty plea can be revoked.

Second District Judge Michelle Evans delivered the sentence but suspended it to impose probation for the same length of time. There were several other conditions imposed by Evans including registering as a sex offender, 100 hours of community service, attending treatment and having a no-contact order with the victim for 20 years.

Heath will spend 30 days in jail, which will begin today and continue every weekend for 15 weeks. Evans asked if there's anything preventing him from starting this weekend and Heath mentioned he uses an oxygen tank. Nez Perce County Jail deputies in the courtroom said they could accommodate that. Heath could also serve up to 30 days jail at the discretion of his probation officer.

He will also have to pay a civil penalty to the victim of $5,000 and court costs of $545.50. As part of the agreement, one count of lewd conduct with a minor was dismissed.

The victim in the case gave her impact statement to the court and shared how Heath's actions damaged her mentally, emotionally, physically and financially, and she often becomes emotional.

She said his actions prevented her from developing as a child, and she has post-traumatic stress disorder and continuous traumatic stress disorder, a condition that can occur in people who have been exposed to danger repeatedly or for a long period of time.

She outlined other ways the abuse impacted her mental health, including the onset of chronic anxiety, depression and other health issues like ulcers, cysts and polyps because of the stress. Her anxiety and mental health from the trauma has impacted her academically, which has affected her job opportunities.

She said Heath began to sexually assault her multiple times as a toddler and she was groomed from a young age. She thought the behavior was normal until she learned at school that it wasn't.

"My childhood was stolen ... by this monster," she said.

She said no one believed her allegations when she was young, and she kept being brought to Heath's home. She was in an "unfathomable amount of pain" and attempted suicide.

As she grew up she developed an eating disorder, drinking at 14, smoking marijuana at 16, becoming sexually active and inflicting self-harm. She started therapy but quit because it was too painful. Then at 28 years old she began seeing another therapist and has continued to do so the last 10 years.

She said she doesn't believe Heath is remorseful and should spend the rest of his life in prison so he doesn't hurt anyone else.

"Every day I have to live with these traumatic memories," she said.

Later Evans addressed the victim and told her she was heard and believed. Evans said she can't repair the damage of her past, but she hoped she will have a sense of closure.

"You have endured a great deal," Evans said. "Your life has been very difficult and it has impacted you since a young child and I'm sorry you had to endure that."

After the victim read her statement, Nez Perce County Deputy Prosecutor Kali Jo Parker and public defender Rick Cuddihy made their arguments to the court and asked Evans to follow the agreement.

Before issuing the sentence, Evans wanted to clarify what Heath was pleading guilty to, because his statements in the presentencing investigation report didn't match with the information alleged in the charge.

Cuddihy explained there wasn't a singular date given for when the incident occurred but that it occurred sometime between a range of dates. Heath was also initially charged with another incident and Cuddihy said the two are being confused.

Evans read the charge aloud that sometime between May 8, 1988, and Dec. 31, 1992, Heath solicited a victim under the age of 16 to participate in a sexual act. Evans directly asked Heath if he stood by his guilty plea for that charge.

"What I plead guilty to I did and I feel remorse for it," Heath said.

Evans went over the rest of the report and reviewed the sentencing factors judges consider.

Evans said the question of whether the sentence depreciated the seriousness of the crime was one she struggled with because of the crime's description as being a "heinous" act. She said she was going to follow the agreement because it mediated with the state, the defense, the victim and the defendant.

Heath's brother, Chad Heath, was sentenced in March to 8-30 years in prison for lewd conduct with a child. Favor Heath's wife, Alisha Heath, also faced charges of lewd conduct with a child and her case is still ongoing and has a status conference hearing May 15.

Brewster may be contacted at kbrewster@lmtribune.com or at (208) 848-2297.