ST. GEORGE — A man found guilty of forcible sexual abuse by a jury last month learned his fate during a sentencing hearing held Tuesday. The judge made it clear he would be going to prison on not only that case, but a second sexual battery case the defendant pleaded guilty to following his trial.
On Tuesday, 24-year-old Kristopher Nicholas Bixman, of St. George, appeared for sentencing on two separate cases. The first, a 2020 case that was decided by a jury following a four-day trial and ending with a split verdict on July 20.
They found Bixman guilty of second-degree felony forcible sexual abuse, and not guilty of first degree felony object rape.
Following the verdict, the defendant, who was released from jail on $20,000 bail for more than three years, was taken into custody and held without bail to await sentencing.
Two weeks later, the defendant entered a guilty plea to misdemeanor sexual battery during a resolution hearing on the second case that was held on Aug. 15. Bixman was sentenced on both cases during the hearing held in 5th District Court on Aug. 29.
The 2020 incident in Ivins
The case that was brought to trial involved a 2020 investigation that resulted in two first degree felony charges — rape and object rape — following a report of a sexual assault took place at a residence in Ivins in 2020.
The incident was investigated by the Santa Clara-Ivins Police Department, according to charging documents filed at the time of the arrest.
The woman reported that while the two were watching a movie, the suspect made several advances towards her and each time, the report states, the suspect was told to stop. After repeated attempts, Bixman sexually assaulted the female. He later told her “he was sorry,” during a conversation that was recorded on a cell phone and turned over to police.
Bixman was arrested and transported to jail Jan. 22, 2020 and was held on $25,000 bail and released hours later after posting bond.
The previous 2020 case
More than a year after the suspect’s arrest on the Ivins case, detectives in St. George were tasked with investigating an incident reported on April 29, 2021, that reportedly took place in December of 2019 in St. George.
In that case, the reporting party told officers she was at a friend’s home socializing and drinking alcohol on Dec. 29, 2019, and when she became too intoxicated to drive and she decided to spend the night.
The victim said she did not call police at the time because she received advice from a family member who suggested she shower and not contact police. It wasn’t until the woman started seeing a therapist that authorities were notified.
Later, officers learned the relative believed the woman would be interrogated by police while in a fragile state, the report states, which is why they told her not to report it at the time.
Three year road to justice
Tuesday’s sentencing hearing was presided over by District Judge Jay Winward. The the state was represented by prosecutors Ryan Shaum and Eric Gentry, while Bixman was represented by defense attorneys Aric Cramer and Jonathan Nish.
The victims in each of the cases addressed the court by describing how their lives have changed for the worse over the last three years — debilitating fears, depression, panic attacks and a general distrust of others.
One of the women summarized the incident by saying, “In one night, [Bixman] took every ounce of my self worth, and it will take a lifetime to get it back.”
The parents of one of the victims made emotional pleas during the hearing by describing the the three-year long case full of delays, while the defendant seemingly lived his life — even getting married, they said.
“Our daughter is just a shell of the person she once was,” the parent said.
Defense refutes
Nish opened by refuting the pre-sentence report that stated his client failed to take responsibility for his actions and was not remorseful.
He went on to say that since the case was filed, the defendant has married and is now in a healthy, monogamous relationship and has family support.
While Nish said he was not asking the court for a straight release for his client, he did request that the court sentence his client to the lower end of sentencing guidelines as set forth in the pre-sentence report.
“The person in front of you today is not the same,” the attorney said.
Shaum, who represented the state, said it was clear the defendant was not taking full responsibility for his actions. He referenced the disconnect that existed between Bixman’s crimes and the emotional toll those actions had on two women.
He also said that amid the various accounts of how the crimes took place, it was the jury that found the defendant guilty, which was a clear indication it was not a consensual act.
Shaum then asked that Bixman serve at least a year in custody and be required to register as a sex offender for 10 years.
When Bixman spoke, he said he was truly sorry for his actions, adding that his time in jail has helped him to reflect on his behavior.
The ruling
Judge Winward commented before handing down the sentence, saying that while the sexual abuse perpetrated by Bixman had been characterized during the court proceeding as “actions and offenses,” which he said “are actual crimes, and quite frankly, they are egregious.”
He also thanked the victims for their courage to address the court during the hearing.
The judge went on to say that both cases involved social media applications and mentioned Tinder, an online dating site that Winward said did not excuse the defendant’s bad behavior.
“I am required to deter you, and the rest of society, from this type of behavior — even in a Tinder world,” Winward added.
The judge said he did not agree with the defense’s argument that a suspended sentence would serve to motivate the defendant to adhere to the terms as ordered by the court.
“I am not suspending this. You will go to prison for your crimes,” the judge said to the defendant, adding that Bixman’s crimes would not be tolerated by society.
With that, the judge sentenced Bixman to serve 1-15 years in Utah State Prison, the maximum sentence allowed for second-degree felony forcible sexual abuse under Utah law.
The defendant was also ordered to serve 364 days in jail on the misdemeanor sexual battery case, a sentence that will also be served in prison. Bixman was also ordered register as a sex offender for 10 years and to to pay whatever restitution is ordered in the case. The order to transport the defendant to prison was signed at the end of the hearing.
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