ST. GEORGE — A man accused of raping an 18-year-old in 2016 at a St. George hotel was sentenced in 5th District Court earlier this month on a third-degree felony attempted forcible sexual abuse charge, one to which he entered an Alford plea on the opening day of trial, which was delayed after one of the jurors failed to show up.
The defendant, Ivan Daniel Zaragoza, 27, was originally charged with first-degree felony rape and tampering with a witness, a third-degree felony. In exchange for a guilty plea, the sexual abuse charge was amended and the tampering charge was dismissed in December of last year.
The case stems from an incident reported in July 2016 when officers were dispatched to St. George Regional Hospital after an 18-year-old woman arrived at the hospital reporting that she had been raped by the defendant during a birthday party at a hotel in St. George. At the hospital, the woman was examined and potential evidence was collected and sent to the Utah State Crime Lab for analysis, according to charging documents filed with the court.
During the interview, the woman reportedly told police that Zaragoza attended the party with his girlfriend and the three started drinking in the hotel room. Later that night the woman fell asleep on the couch, while the defendant and his girlfriend were in the bed. When she awoke sometime later, she said she was partially disrobed with the defendant on top of her performing sexual acts, at which point she yelled at him to get off of her, which he eventually did before leaving the motel room with his girlfriend.
The woman was taken to the hospital by a family member and the incident was reported to police.
During an interview with detectives, Zaragoza denied the allegations and said he never had sexual contact with the woman, telling officers the woman was intoxicated and when he returned to the hotel room she was “passed out on the couch,” the officer noted in the statement.
The defendant also provided a buccal swab to the police that was sent to the crime lab for DNA testing, the results of which would not be available for another year and subsequently showed a mixture of both Zaragoza’s and the woman’s DNA. The defendant was arrested shortly thereafter and then released after posting bond.
During the sentencing hearing held Jan. 19, Zaragoza’s defense attorney, Kenneth Combs, addressed the court by saying the stipulated agreement entered into before the first day of trial was a good resolution to the case. Combs said the sentence will help his client understand the consequences of his actions, including the seriousness of the requirement to register as a sex offender, a consequence that will affect him for the rest of his life.
Combs added that his client feels very badly for his actions, adding the sentence will likely serve as a deterrent that will “hopefully” help the defendant refrain from even thinking about doing anything like this again in the future.
The defendant also spoke during the hearing. He said he was ashamed of his name and of his actions in July 2016. He said there is no excuse for what he had done and was taking full responsibility for his actions.
He said he had no intention of hurting anyone that night, especially the victim, but understood that his behavior ended up hurting all of those he cared so deeply about regardless.
“There are no words to express my apology for my wrongful actions that occurred that night,” Zaragoza said, adding that he wished he could turn back time to the point before anything happened.
Prosecutor Ryan Shaum represented the state by saying the resolution in the case had been a long time coming and that this particular case was certainly one that was slated for trial. But as it turned out, Shaum said, the state’s evidence showed a serious crime had occurred, and in evaluating that evidence, the state was uncertain whether a jury would render an acquittal, as the jury in the defendant’s prior case had shown.
In that case, filed in 2017, the defendant was accused of sexually assaulting a woman during a party that same year. More than two years after the charge was filed, the jury reached its verdict following a three-day trial on Dec. 17, 2019, and found the defendant not guilty of all charges.
As such, the state wanted the defendant to be held accountable for his actions, and while the proposed agreement does not result in complete justice, Shaum said, it will serve a greater good if the defendant lives a life without any committing any similar acts in the future.
The state also asked the court to order a suspended sentence of 0-5 years in Utah State Prison and, as both sides agreed, that Zaragoza serve 180 days in jail. Shaum also asked that Zaragoza be ordered to complete a psychosexual evaluation and then register as a sex offender.
Finally, Shaum asked the court to hold the restitution amount open until the total amount can be provided.
District Judge Jeffery Wilcox began by addressing the victim in the case by saying “what happened to you was inexcusable,” adding that even though she was victimized by the defendant – she is not a victim because she came forward and continued to seek justice.
“Had you not, then we wouldn’t have gotten to this point today,” Wilcox said, adding that her determination will help her move forward in life.
To Zaragoza, the judge said the presentence report strongly recommended prison, and the defendant needed prison, but that he would abide by the agreement made between the parties.
Wilcox said from the record, it appeared that alcohol played a role in what happened that night, but regardless, the defendant would still have to face the consequences, including the requirement to register as a sex offender “for a long time,” which the judge said would result in ramifications that would last well beyond any sentence of incarceration he could impose.
The defendant was sentenced to serve 180 days in jail, while the prison sentence of 0-5 years was suspended in the case, pursuant to the stipulated agreement between the parties. The suspended sentence would also serve to ensure that should the defendant fail to comply with probation or violate any of the terms of supervision then the court could impose the original sentence in the case.
He was also placed on 36-months’ probation with Adult Probation and Parole and ordered to comply with all “group B” sex offender requirements, which include random polygraphs, DNA draws, sex offender registry requirements, among several others. He was also ordered to complete drug and alcohol/mental health evaluations and comply with the terms of those evaluations.
The judge also ordered that Zaragoza sign up with Adult Probation and Parole the following morning, Jan. 20, and immediately after, turn himself into Purgatory Correctional Facility to begin serving out his sentence.
Since the defendant lives in Las Vegas, the judge said, he would need to complete the application process for an interstate compact with Nevada, to allow enough time for it to be approved. That would enable the defendant to return to Las Vegas once he is released from jail in Washington County and transfer his probation supervision to his home state, should both states approve the agreement.
Wilcox closed by addressing both parties, saying one of the reasons he agreed to the reduced sentence was due to the defendant’s decision to enter a plea in the case, instead of making the victim endure a trial.
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