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Nava pleads guilty to attempted strangulation

November 29, 2011

BLACKFOOT — Erik Matthew Nava, age 27, pleaded guilty to attempted strangulation Monday. He appeared before District Judge Darren Simpson.
"This is an Alford plea because he has no recollection of these events," said public defender Cindy Campbell.
In an Alford plea, the criminal defendant does not admit the act but admits the prosecution could likely prove the charge.
Some of the evidence presented by Chief Deputy Prosecuting Attorney Randy Smith included the fact the victim's throat had been squeezed and she had passed out. The reporting officer said the victim had a raspy voice and difficulty breathing which are evidence of strangulation.
Smith said, at one point, the victim had her head pushed into the wall. The arresting officer noted an impression in the wall that was the same shape as the victim's head.
Nava is unmarried, however, the victim is the mother of his daughter.
Judge Simpson ordered a pre-sentence investigation, a mental health investigation and a domestic violence evaluation.
Nava has applied to mental health court.
The maximum sentence Nava could face is 15 years in the Idaho State Penitentiary and up to a $50,000 fine. He also could be required to pay restitution to the victim of the alleged crime.
The victim of the alleged crime was in the courtroom.
Nava will be sentenced at 11 a.m. on Monday, Jan. 23.

 

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