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Bear Lake man sentenced to state prison for rape

A Bear Lake man will spend years in prison for raping an unconscious victim.

President Judge Maureen Skerda handed down the sentence against Emrys Atwood, 39, on Friday afternoon.

According to the affidavit of probable cause, Atwood took the victim to a City of Warren residence, where she and the resident were drinking. She told police she “passed out” on a ride from the Warren residence to Sugar Grove.

When she awoke, most of her clothing had been removed and Atwood was having intercourse with her, she told police.

“The victim stated she told the defendant several times to stop and was attempting to push him off of her to stop the sexual assault,” according to the affidavit.

Atwood told police he had to “carry her from the residence to the truck they arrived in,” according to the affidavit. “As they were driving, the victim was making comments to him about having sex with her.”

He said the victim told him several times that she wanted him to have sex with her, according to the affidavit.

After the alleged assault, Atwood got dressed, returned to the driver seat, and continued to drive the victim home, according to the affidavit.

Police spoke with the alleged victim’s boyfriend, according to the affidavit, who showed them text messages he said were from Atwood. “I am so sorry that I did something like that. When I left she was on the floor and I ask her if she was OK she was just laying there. … I am adiming what did…”

Atwood’s attorney, Assistant Public Defender Francis Waweru, told the court that while his client has a criminal record he has no history of sexual offenses or run-ins with the law in 15 years. He asked for leniency for his client.

District Attorney Rob Greene cited the victim impact statement and said Atwood and the victim were friends and that he took advantage of that.

He said the victim reported bruising and trauma “that will still not go away.”

“This is a rape,” Greene said. “(There is) no excuse for the behavior.

Atwood declined comment when given the opportunity.

“(I) find this to be an unconscionable action,” Skerda said. “You knew you were wrong.”

She said his jail record includes assault, fighting and tablet coursework answers that were “vile or nonsensical.”

She questioned why someone with comments like his would be afforded educational resources in the jail.

Atwood was then sentenced on a count of rape — unconscious victim to 96 to 192 months in state prison, three years probation, sex offender treatment, $2,525 in fines and fees, submission of a DNA sample and designation as a Tier III Megan’s Law sexual offender. He was given credit for 305 days time served and is not boot camp or recidivism risk reduction incentive eligible.

“That registration is for life,” Skerda said.

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