NEWS

Woman changes plea in child rape case

Andrea Fisher
anfisher@greatfallstribune.com
Edelvise Almonia

A Great Falls woman charged with raping an 8-year-old girl changed her plea in court Tuesday. Edelvise Almonia, 23, pleaded guilty to one count of sexual intercourse without consent through a plea agreement with the state.

The agreement called for Almonia to enter a guilty plea to one count of rape and dismissal of the second count. Both the state and the defense explained to presiding District Judge John Kutzman their intent to establish an exception to the mandatory minimum sentence of 100 years in prison with a parole restriction on the first 25 years, which was established for cases involving victims younger than 12 and defendants over the age of 18.

Neither side alluded to what those arguments would entail, but did put their sentence recommendations on the record. The state will ask for a 50-year sentence with 25 years suspended, while the defense indicated they will ask for all suspended time. Both recommendations require a tier one, or lowest risk, sex offender registry designation to be valid. The non-binding plea agreement leaves the sentencing decision in the hands of the judge.

Almonia admitted in court to penetrating the girl’s vagina last year or early this year. Charging documents said another juvenile female witnessed Almonia kissing the girl.

Almonia also waived her rights to a trial, including the argument of a motion filed by the defense to suppress her confession to police. According to court documents, Almonia told investigators she was "in love" with the girl.

According to court testimony, the defense motion cited a mental issue. The defense indicated at least one mental health professional will testify for the defense during sentencing, along with up to seven additional witnesses between the state and the defense.

That hearing was tentatively scheduled for Dec. 15, though Kutzman indicated he may change the date to accommodate its anticipated length.

Almonia is currently free on bond with a GPS monitoring requirement.