Friday, December 27, 2024
33.0°F

Kellogg man sentenced for sex abuse

by JOSH McDONALD
Local Editor | March 8, 2024 1:00 AM

WALLACE –– A Kellogg man was sentenced to 10 years in prison after pleading guilty to sexual abuse of a child by causing or having sexual contact with a minor under the age of 16.

David V. Welch, 54, pleaded guilty to molesting his grandchild after agreeing to a settlement offer with the State in October of last year. 

In December of 2022, Kellogg Police were notified by the victim’s aunt that a potential rape had occurred – According to the probable cause affidavit (PCA) that was filed, it was alleged that Welch had raped the victim. 

Due to the nature of the charges that ultimately were presented, law enforcement was unable to find sufficient evidence to charge Welch with rape – however, they were able to charge him with sexual abuse after it was alleged that he had molested his grandchild numerous times between November 2019 and December 2020. 

After interviewing the victim, KPD officer Matt Crawford turned his attention to Welch. 

During the course of the investigation, Welch told police that the relationship between him and his victim was familial in nature and that any contact with the victim that could be considered potentially sexual was accidental or coincidental. 

According to the PCA, Welch attempted to deflect the accusations by telling police that there were “issues” between him and the aunt who had initially contacted police and that they didn’t get along. 

Welch then submitted to a polygraph test, which ultimately indicated deception on the part of Welch by his various answers. 

Shoshone County Deputy Prosecutor Britney Jacobs explained the State’s position in the case, including a settlement offer that Welch ultimately accepted. 

In exchange for his pleading guilty, the State wouldn’t pursue any sentence enhancements – the maximum penalty for sexual abuse of a child is up to 25 years in prison and $50,000 in fines. 

Welch is a registered sex offender, and in 1992 was found guilty of attempted rape in Flathead, Montana, where he went by the alias David Arguello. 

“The settlement was for him to plead to the one count charge and recommendations would be open for argument,” Jacobs said. “While the maximum penalty for that crime is 25 years, the State was glad to see an imposition of a prison sentence in this case as a measure to protect society from this individual. The State did not give a specific recommendation for the length of time to serve, leaving the ultimate time in the court’s discretion, but did inform the court that the guardians of the victim would like to see him serve the maximum sentence.”

Despite the wishes of the victim’s family, Judge Barbara Duggan imposed the 10-year sentence, which includes three years fixed and seven years indeterminate. 

“The sentencing outcome, while it is not as lengthy as the State would have liked, keeps the child from being revictimized through the trial process and achieves the goal for protection of society while he is incarcerated,” Jacobs told the News-Press.