The 22-year-old Lewiston man who pleaded guilty in September to lewd conduct with a child younger than the age of 16 for having sex with a 14-year-old girl will spend the next 10 years on probation.
Second District Judge Jeff Brudie agreed to the terms of a mediated plea agreement Wednesday and sentenced Colby L. Gilbert to an underlying term of 5-15 years in prison. But based on the recommendations of a presentence investigation and a psychosexual evaluation, Brudie suspended that sentence and imposed the term of probation.
He said the crime is Gilbert’s first felony, and noted that the evaluation determined it was opportunistic rather than predatory. Gilbert has a previous conviction for enticing a minor, leading Lewiston police to seek other potential victims after his arrest in June. No other charges were filed, however.
Brudie also imposed seven months of local jail time with 30 days suspended and credit for the time Gilbert has served in the Nez Perce County jail since he was charged, which means he could be released soon. Terms of Gilbert’s probation include his supervision as a sex offender. He also won’t be allowed unsupervised contact with anyone younger the age of 18, will be required to be employed or in school full-time, and receive treatment and counseling. Brudie also imposed court costs.
Prosecutors initially charged Gilbert with distribution of a drug to a child younger the age of 18 for allegedly providing the victim with marijuana, but that felony count was dropped as part of the plea agreement.
