A mother and daughter decried a plea deal in Canyon County. Here’s what the judge did.
Despite a mother and daughter’s protest outside the courthouse and testimony inside a Canyon County courtroom, a plea deal was accepted Monday in the case of a Nampa man who was originally charged with felony sexual abuse and lewd conduct.
Nathan Perez, 39, will serve at least three years in prison before he’s eligible for parole, and could serve up to 10 years total behind bars, after a Canyon County judge accepted a Rule 11 plea agreement on one count of felony injury to a child.
A Rule 11 agreement is a deal between the defense and prosecutors in which the defendant agrees to plead guilty to a certain charge in exchange for a specific punishment. A judge may either accept or reject the agreement, but cannot alter it.
In January, Perez was charged with four felonies: three counts of lewd conduct with a minor under 16 and one count of sexual abuse of a child under the age of 16. Perez denied in court Monday that he sexually abused the girl, who is his biological daughter.
Before Monday’s hearing, the plea proposal was denounced by the teen and her mother, Victoria Diaz. The two were outside the courthouse in Caldwell last week holding signs and protesting the deal.
The Idaho Statesman typically does not identify accusers or victims in sex crimes cases, but Diaz has allowed for her daughter to be known as the minor in this case. The Statesman is not revealing the girl’s name.
Both Diaz and her daughter told the Statesman on Friday that they did not believe the proposed deal was appropriate for several reasons, not the least of which was that felony injury to a child does not require the convicted party to register as a sex offender under Idaho law.
On Monday, both addressed the court. Diaz spoke first, detailing the trauma she said her daughter and family have endured.
“She will never heal from this,” Diaz said.
Diaz asked 3rd District Judge Gene Petty to reject the plea deal, saying she believes there was enough evidence needed to convict Perez on the original charges.
Diaz’s daughter also addressed the court. The girl said that when she met her father in California in 2019, she just wanted to establish a relationship with the man.
“I should know him as my dad, not as a rapist,” she told the court. “He’s a monster.”
Prosecutor: Plea deal in what was a sex-crime case not ‘ideal’
The girl, now 16, asked the court to reject the agreement and said she could testify at a trial if given the chance. Diaz told the Statesman on Friday that her daughter’s ability to testify was a reason prosecutors cited for offering Perez the deal.
Deputy Canyon County Prosecutor Shari Dodge told the court that she respectfully disagreed with the characterization of the case by Diaz and her daughter. Dodge said there were inconsistencies in the girl’s testimony and cited her difficulty talking with a therapist about her father’s actions as reasons to avoid having her testify. Dodge said she could not in good conscious make the girl take the stand.
“Is this ideal? Absolutely not,” Dodge said, nothing that it was the best outcome given the circumstances.
Dodge also pointed out that Perez would be ordered to take a psycho-sexual evaluation while in prison. Depending on the findings, Perez could be ordered to undergo sex offender therapy and possibly be on the sex offender list when he’s released from prison.
Perez also addressed the court and denied all of the charges. He said he’s not perfect, but he claimed he never sexually abused the girl. Perez said he took the plea deal because he was scared of the justice system.
“I am going to prison an innocent person,” Perez claimed.
Perez said he was an adamant about entering an Alford plea, which he did. With an Alford plea, the defendant maintains innocence but concedes that they likely would be convicted at trial.
Petty ultimately accepted the deal. He formally sentenced Perez to at least three years in prison and up to 10 years total. Petty also ordered that a no-contact order be issued, forbidding Perez to contact or speak with Diaz and her family.
After the hearing, both Diaz and her daughter could be seen crying in the hallway outside of the courtroom. Diaz told the Statesman that she still didn’t believe the prosecution was acting in their best interests.
“I’ll be back out tonight,” she said.
Diaz, who lives in California, said she will continue to spread the word about the case, just as she has done since arriving in Idaho last week.
