Nickelby gets prison time for rape

WALLACE — Judge Scott Wayman addressed the criminal cases of around 28 individuals during Monday’s Law Day at the Shoshone County Courthouse. Consistent with past Law Days in Shoshone County, much of the Monday docket involved multiple drug-related offenses with other property and violent crimes mixed in as well.

The most notable of these cases was the sentencing of 31-year-old Troy Nickelby, who plead guilty to one count of rape (victim being under the age of 16 and perpetrator being 18 years of age or older) on May 14.

Initially charged with two counts of rape and three counts of lewd conduct with a child under 16, Judge Wayman sentenced Nickelby to a 15-year prison sentence (three years fixed, 12 indeterminate).

Court documents explain Nickelby was arrested in April 2017 for all five counts that allegedly occurred in January and February of the same year. Four of the five counts where dropped as part of a pre-trial settlement in exchange for a guilty plea from the defendant and an agreed upon sentencing recommendation to the judge (which consisted of a dismissed prison sentence and supervised probation).

The afternoon sentencing on Monday began with both the defendant’s council, Henry Madsen, and the County Prosecutor, Keisha Oxendine, calling witnesses to speak for and against Nickelby’s character.

Madsen first called a woman to the stand who is a loved one of Nickelby. Guided by Madsen’s line of questioning, the woman acknowledged that Nickelby had done terrible things, but had accepted responsibility and was seeking help.

“Honestly, it would be better for him to continue with the treatments he’s in,” she explained to the court. “I’ve seen a great improvement and this is something I could never imagining happening in the future.”

Called by Oxendine, the next person to take the stand was the underage victim of the crimes.

Through tears, the victim recounted the difficulties she has endured because of Nickelby’s actions.

“I cannot trust any man. I am worried this will happen with other men and it effects everyone in my family. If I have a bad day, it effects everyone around me … I can’t go to public school anymore because I am known as ‘the ghost girl,’ which means the girl that has been with Troy Nickelby and that makes me a nobody.”

She also touched on the idea that Nickelby was working on rehabilitation.

“I think of myself as a very ugly person for it. I have a hard time looking at myself in the mirror … I heard you went through all these things, but I don’t think it’s going to help in the long run.”

Oxendine then presented her case against Nickelby in closing remarks — acknowledging his willingness to cooperate with law enforcement and seek treatment, but still stressed the threat he could be to society.

Also stressing the aspect of retribution for the victim, the state recommended a 5-year fixed, 10-year indeterminate prison sentence that also included various stipulations involving treatment and sex offender status.

Madsen attempted to counter the state’s stance with a recommendation of no prison time and supervised probation, on the grounds that Nickelby had cooperated in this case, was at a moderate/low risk for re-offense, and that he wanted to work to make up for what he had done.

Before handing down the sentence, Judge Wayman addressed the agreed upon recommendation from both sides and weighed Nickelby’s positives and negatives.

“I have what amounts to an agreed upon sentencing recommendation here, that would involve imposing a substantial prison sentence and suspending it and putting you on supervised probation for a length of time,” he said. “You have done some positive things. You have accepted responsibility for your conduct, you have taken steps to gain some understanding as to why you did this, you’ve got people that support you personally and in the community … on the negative side, you committed an inexcusable offense. You raped a teenage girl. That is the type of conduct that, in order to protect society, demands a fairly severe response. In this case, I’m going to impose a sentence and I’m not going to suspend it.”