Navajo elder faces jail time in rape case
By James Monteleone The Daily Times
Article Launched: 07/01/2008 12:00:00 AM MDT
FARMINGTON — A 70-year-old medicine man who pleaded guilty to having sex with a 15-year-old girl, and later fathering a baby with the girl, faces 18 months behind bars, a district judge said Monday.
David Filfred, of Aneth, Utah, faced up to three years in prison after pleading to reduced charges of fourth-degree criminal sexual penetration and contributing to the delinquency of a minor.
The formal sentencing was delayed Monday so Filfred could receive testing to help the court determine whether the elderly man is a threat to the community, but District Judge John Dean told Filfred to expect more than a year in jail, although the time may be split into terms to allow interim free time.
"The state asked for three years and is disappointed that will not be the sentence," Deputy District Attorney David Ottman said. "What we got, in the end, is hopefully some measure of justice for (the victim) because we have a conviction."
Judge Dean on Monday rejected suggestions from defense attorney Steven Murphy to allow the man
to go free for one month for every two served in the county jail.
Murphy declined to comment on the case.
Filfred allegedly raped a 15-year-old girl in a Farmington motel room in 2002, after buying the victim and another teen girl alcohol.
The victim, now 21 years old with a 3-year-old daughter, claimed she feared Filfred would "put some type of spiritual harm on her" if she spoke about the attack, arrest documents state.
"What David Filfred did to me has taken everything from me. It's taken my childhood," the victim said during a January hearing. "He's old enough to know what's right and wrong. Whether I was drunk ... It (doesn't) matter — It (doesn't) give him (any) right to do that to a child."
Several of Filfred's family members addressed the court in March asking the judge to consider giving the Navajo elder probation in light of his role in the community and his strong relationship with a large family.
One relative addressing the court accused the judge of "assisting in a death sentence," by sending the old man to prison.
Dean rejected the remarks, noting the lack of concern for the victim.
"The defendant continues to minimize his involvement in this (and) fails to understand the consequences of his actions," the judge said in March. "He made a decision to do something horrible and a punishment will follow.
"He's facing three years — The victim and her daughter are facing the rest of their lives."
Parental tests verify that Filfred is the 3-year-old's father. Another sentencing hearing is expected to be set within the next 30 days.
James Monteleone:
jmonteleone@daily-times.com
