ST. GEORGE — A man accused of raping an 18-year-old in 2016 at a hotel in St. George, entered an Alford plea to a third-degree felony attempted forcible sexual abuse charge on Wednesday in 5th District Court 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.
The case stems from an incident reported in July 2016 when officers were dispatched to St. George Regional Hospital (named Dixie Regional Medical Center at the time) after an 18-year-old woman arrived at the hospital reporting she was 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 told police that Zaragoza attended the party with his girlfriend and the three started drinking in the hotel room until later that night when the woman fell asleep on the couch, while the report stated the defendant and his girlfriend were in the bed.
When she awoke sometime later, 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. Later, he said the woman yelled at both him and his girlfriend to get out of the room, so they left.
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.
The tampering charge was filed after a witness who corroborated the defendant’s account initially, but months later changed their story, saying Zaragoza went over what they (the witness) were to tell police if questioned. The witness also reportedly told authorities the defendant threatened them by saying they would get in trouble for underage drinking if they did not follow his instructions.
Prior to opening arguments on Wednesday, one of the jurors failed to arrive at the court for the 9 a.m. trial, which allowed for negotiations between the state and the defense that were already underway to continue, in a case plagued with witness issues and evidence that was delayed and potentially problematic.
Shortly thereafter, the defendant entered into an Alford plea on a third-degree felony attempted sexual abuse charge, reduced from the first-degree forcible sexual abuse charge filed in August 2018.
An Alford plea is a form of a “guilty” plea in which the accused does not admit to committing the act but does admit that there is sufficient evidence that would likely convince a judge or jury of the defendant’s guilt, thus avoiding the potential consequences of going to trial. In Utah, the judge can reject this type of plea.
Kenneth Combs, Zaragoza’s defense attorney, said that both sides were in agreement on 180 days in jail and three years’ probation with Adult Probation and Parole. Combs also said the defendant was to have no contact with the victim in the case.
Combs also asked the court to grant a Rule 11, which is a binding plea agreement that is entered into by the parties for a certain sentence if the defendant pleads guilty to a specific criminal charge. In essence, a plea agreement under this rule binds the court to the terms of the agreement.
Prosecutor Ryan Shaum told the court the state was in agreement with the sentence, adding he went over the recommendations with the victim in the case, who understood the reasoning behind the resolution, he said.
Wilcox stated he would grant the Rule 11 and scheduled sentencing to take place on Jan. 19.
Ed. Note: A new Utah law generally prohibits the release of arrest booking photos until after a conviction is obtained.
This report is based on statements from court records, police or other responders and may not contain the full scope of findings. Persons arrested or charged are presumed innocent until found guilty in a court of law or as otherwise decided by a trier-of-fact.
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