Blackfoot man sentenced to at least 10 years for rape

BLACKFOOT, Idaho (KIFI/KIDK) - A 51-year-old Blackfoot man was sentenced to at least 10 years in prison on a guilty plea to the charge of rape Monday.

Rape is a felony crime pursuant to Idaho Code 18-6101 and is punishable by no less than one year in prison and it may be extended to life in prison with up to $50,000 in fines.

The Court sentenced Long to a term of 10 years of fixed prison time with an indeterminate period of life in prison. 

He was given credit for 467 days already served. 

He was ordered to reimburse the State for the costs of the DNA testing and psychological evaluation in the case.   

Long was also ordered to pay a civil penalty of $5,000 to the victim in this case.

Floyd Long was also charged with one misdemeanor count of resisting and obstructing a peace officer, but that count was dismissed pursuant to a plea agreement.

In February of 2019, the victim in this case had spent the evening with Long’s nephew, Mathew Long.  They and a couple of other acquaintances left a local bar and went to an apartment in Blackfoot. The victim reported Floyd Long was at the apartment when they arrived and later that night, Floyd approached her from behind, pulled her shirt over her head, sexually battered her and then raped her. The victim reported the crime to a counseling center and to law enforcement the next morning.  She also underwent a sexual assault examination at Bingham Memorial Hospital that day. The victim’s report was also corroborated by witness testimony.

Detectives interviewed Long and report Long was evasive but did make an initial admission regarding the non-consensual contact with the victim.  However, while the case was pending, Long refused to admit responsibility for the crime. 

In February of 2020, Long entered into a plea agreement whereby he agreed to plead guilty to the charge of rape, and the State agreed not to recommend more than eight years of fixed prison time. However, Long requested to plead guilty by means of an Alford Plea.

An Alford Plea is a guilty plea by a defendant in a criminal case who does not admit to the criminal act and still asserts his or her innocence.

A change of plea hearing was held on February 24, 2020. At the hearing, Chief Deputy Prosecutor David Cousin summarized the evidence he intended to present at trial. Long then admitted a jury would likely find him guilty beyond a reasonable doubt and entered his guilty plea. The court accepted his guilty plea and ordered a presentence investigation and a psychosexual evaluation.

At his sentencing Monday, Long apologized to the victim. His attorney, Brianna Rosier of Parmenter Rivera LLP in Blackfoot, argued Long should be given an opportunity to do a retained jurisdiction program.  Alternatively, she requested he be sentenced to no more than five years fixed and ten years indeterminate.

Chief Deputy Prosecutor David Cousin commented this was the first time he had seen Long express any remorse about the crime. Cousin recommended eight years of fixed prison time pursuant to the plea agreement.