Law Day Recap: Sentencing postponed in rape case, lawyer withdraws in drug case

WALLACE — The Shoshone County Courthouse played host to Law Day last Wednesday, where District Judge Scott Wayman had various criminal cases presented before him.

Due to COVID-19 restrictions, the day's proceedings were streamed online via Zoom. Only individuals who were currently incarcerated and essential courtroom personnel were allowed into the room.

Among the cases Judge Wayman heard was the scheduled sentencing of Cory Tipton.

Tipton, who pleaded guilty to rape in May, was arrested in October 2018 where he engaged in nonconsensual sexual activity with a female following a night of drinking together at a local bar.

Tipton was scheduled to be sentenced last Wednesday, but an unforeseen issue forced Judge Wayman to push it out.

As explained by Waymn during the proceedings, rape falls under the purview of a current Idaho Supreme Court order that requires sentencing be done in person, due largely to penalties that can be imposed. With COVID-19 restriction keeping Shoshone County in the Zoom-format for law days, Tipton was not present in the courtroom, but appeared on video from his lawyer’s office.

Both the state, represented by Deputy Prosecuting Attorney Ben Allen, and Tipton’s defense agreed to move forward, but ultimately Judge Wayman was not comfortable with that path and decided to postpone Tipton’s sentencing to a date where he could appear in person.

“In light of that stipulation, we’re going to have the re-set,” Wayman said. “I think it does need to be in person pursuant to that Supreme Court order and the nature of the charge. What I don’t want to have happen, Mr. Tipton, is that we go forward with the sentencing and then the Supreme Court tell us to do it again because we didn’t follow their order.”

Rape is punishable by imprisonment in the state prison not less than one year, and the imprisonment may be extended to life.

No official date has been announced for that sentencing.

Jamie Rowe also appeared before Judge Wayman during Law Day where his attorney, John Redal, filed a motion to withdraw as Mr. Rowe’s attorney.

Rowe is facing a jury trial next month after pleading not guilty to heroin trafficking and possession.

The charges stem from an event in May where Rowe was found under the influence of drugs in his vehicle.

Shoshone County Sheriff’s Deputy Ben Abshire, along with K-9 Lulu, searched the vehicle and found eight grams of heroin (which is six grams above the threshold for trafficking), as well as paraphernalia for packaging, delivering, and smoking heroin hidden throughout the vehicle and on Rowe’s person.

Rowe will now be represented by Public Defender Erik Smith, and if convicted, could face up to 10 years in state prison and fined $15,000.

Rowe's jury trial is scheduled for Nov. 17.