Former Idaho football player Kyree Curington was sentenced to probation in the Latah County District Court Wednesday after pleading guilty to sexual battery.
Judge John Judge delivered the sentence, sentencing Curington to unsupervised probation until Jan. 31, 2020, as part of withheld judgement.
After the probationary period ends, the court could withdraw Curington’s guilty plea and the case could be dismissed. If Curington violates probation, the court could impose a maximum sentence of one year in county jail and/or a fine of up to $2,000, which is the maximum penalty for misdemeanor sexual battery in the state of Idaho.
While Curington was initially charged with felony rape, the parties came to a mediated agreement and the charge was reduced to misdemeanor sexual battery.
But according to the prosecution, the victim said she was “not at all happy with the resolution of misdemeanor” and recent circumstances have changed.
“We recognize that circumstances have changed,” Latah County Prosecutor Bill Thompson said. “But we’re ethically and professionally bound by the agreement we reached.”
While the victim was not in attendance, a written letter from her outlining her experience was read to the court by Senior Deputy Prosecutor Ashley Jennings.
“No matter what the story is, no means no, and if someone doesn’t get that, they’re part of the problem,” the victim wrote. “I wish nothing but the worst for this ruthless being.”
Thompson said while nothing can change what occurred, it’s necessary to move forward.
“She’s a victim regardless of what criminal label we put on the conduct,” Thompson said.
Robyn McPherson, Curington’s attorney, said Curington was not paying attention to the victim’s body language.
“The problem is lack of communication among parties,” she said. “He wasn’t listening or paying attention.”
McPherson further said Curington learned a valuable lesson from the incident and is trying to learn to “have healthy relationships going forward.”
“I truly believed (her) and I were forming a healthy, romantic relationship,” Curington said. “I truly apologize for any physical or mental pain or distraught I have caused her or her loved ones.”
Additional conditions of Curington’s probation include no violations of law, no possession of alcohol or controlled substances, 14 days of jail time to be served at a later date, $157.50 in court fees and a written letter to the court on the first Monday of each month outlining his current plans and compliance with these conditions. Restitution, or payment to the victim as compensation for harm or damages, is still open.
Curington, who has no prior criminal history and previously pleaded not guilty to the rape charges in February, is currently living in New Orleans, Louisiana, and said he has applied to various colleges. The former University of Idaho freshman was suspended from the football team indefinitely and academically disqualified after the fall semester.
When delivering the sentencing, Judge said a goal of deterrence — one of the five goals of corrections — is to send a message.
“Bottom line — don’t assume,” he said. “Never assume. You have to be certain.”
The Argonaut does not generally name victims of a crime.
Max Rothenberg can be reached at [email protected]