ST. GEORGE — A local man appeared for sentencing after reportedly beating and robbing a woman during an attempted sexual assault in December, where he was arrested near the scene hours later.
Robert Lee Johnson, 42, of St. George appeared for sentencing on third-degree felony robbery and assault, both third-degree felonies — charges the defendant pleaded guilty to during a hearing held April 1.
The defendant was originally charged first-degree felony aggravated robbery and two second-degree felonies of aggravated assault and rape, along with two misdemeanor charges for failing to stop at command of police and interfering with an arrest.
During the April plea hearing, the charges were amended by the state and included two third-degree felony charges, one of which was reduced to from a second-degree felony in exchange for a guilty plea. Also during the hearing, Johnson signed a statement in support of the plea deal wherein he admitted to hitting a woman in the head and taking her property before choking her until she lost consciousness — injuries that were later confirmed by the medical staff at the hospital.
The assault 10 days before Christmas
The incident was reported Dec. 15, when officers responded to a report of an assault near one of the stores at a shopping center on River Road. While en route, investigators also were dispatched to St. George Regional Hospital to follow up with the victim who had reportedly been knocked unconscious and sexually assaulted, according to charging documents filed at the time of the arrest.
The assault was set in motion when the suspect approached the victim who was smoking behind one of the rehabilitation centers off River Road and asked her for a cigarette. When she bent down to retrieve one, the complainant said, the suspect hit her on the back of the head, knocking her out.
When she awoke, she said the man was covering her mouth as he choked her from behind and said he was going to kill her as he was attempting to physically assault her — an attempt that was interrupted by the victim’s dogs. The woman’s pets started to attack him, which is when she said the suspect ran off with all of her cash and her cell phone.
The suspect was later found by officers during a search of the area, and he was later identified as Johnson, who was arrested and booked into jail a short while later.
Mental health and evidentiary issues
During sentencing, the defendant’s criminal background was the primary issue addressed by prosecutor Philip Soelberg, who said the defendant’s actions were “quite egregious” adding that Johnson has not been successful on probation or parole in the past, which would lead the state to believe it would be no different in this case.
However, Soelberg said in light of some evidentiary issues the state was asking the court to follow the agreement stipulating that Johnson be placed on probation with adult probation and parole with credit for time served, as long as he obtains a mental health and substance abuse evaluation and follow all terms of his probation.
“And I just want to make a record that we will absolutely be arguing for prison if there’s any violations of probation,” Soelberg added.
Johnson’s defense attorney, Caleb Cottam, said his client suffers from mental health issues that played a role in his actions during the December incident. Regardless, Cottam said, his client has taken responsibility for his behavior.
In terms of the mental health issues, Cottam said, “I think that’s a large part of his behavior — but he can’t hide behind that.”
Cottam went on to say he has discussed those issues with his client, adding that Johnson is aware he needs help with his mental health conditions.
When District Judge John J. Walton asked if Johnson had sought out mental health court, Cottam said his client was denied entry into the program for “various reasons.”
Walton then said he shares the same concerns regarding the defendant’s mental health status and his criminal background, and said it would be better if Johnson could be placed in a supervised facility to get the help the defendant “clearly” needs — but was an option that was not currently available in this case, the judge added.
“But I agree with the prosecutor that in light of your criminal history,” Walton said. “If you commit any probation violations, or if you commit violations, you’re going to be going to prison.”
Walton then asked the defendant if he had ever gone to prison, and when Johnson said “yes” the judge asked if he wanted to go back. The defendant said “no.”
“Well, then I would prioritize getting the mental health treatment that you need and taking medications that are prescribed,” Walton said.
The judge then suspended the prison terms of 0-5 years and instead, he placed Johnson on three years’ probation with Adult Probation and Parole. He also ordered the defendant to obtain a mental health and substance abuse evaluation, as well as other standard provisions.
The judge went on to say there would are professionals willing to help the defendant, including his probation agent, if Johnson was willing to accept the treatment plan.
“Otherwise, we’re not going to have any other choice but to just have you locked up,” Walton said, adding he would order Johnson to serve both prison sentences that were suspended in the case.
The defendant was given credit for the 153 days he had already served and was ordered to be released, under the provision that he check in with Adult Probation immediately after leaving the jail.
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