Tarrant County Jail

John R.K. Howard, now 19, was charged with a violent sexual assault after high school football practice last year. But now, thanks to a plea deal, he’ll likely walk away without spending any time behind bars, according to the Twin Falls Times-News.

The assault he was accused of was horrific. He and two other teammates allegedly attacked a mentally disabled teammate by putting a coat hanger in his rectum and kicking it in. Howard and his lawyers say that another student put the coat hanger in and Howard accidentally kicked it in while trying to kick the victim; the state claimed he did it on purpose. Either way, the victim was left bleeding but without any lasting physical harm; the mental harm, however, still continues to this day.

A $10 million civil lawsuit against the school district claims the attack came after months of harassment, assault, and racial discrimination. The victim and his adopted siblings are the only black people in their small town of Dietrich, Idaho. Howard, the suit claims, forced the victim to learn a Ku Klux Klan song and hold a Confederate flag, and even knocked him unconscious while teammates cheered.

Prosecutors now say this wasn’t a sex crime. With the plea deal, Howard can still maintain his innocence but admit that he likely would have been convicted in court. “We don’t believe it’s appropriate for Mr. Howard to suffer the consequences of a sex offender,” Deputy Attorney General Casey Hemmer told the newspaper. “But he still needs to be held accountable.” Howard’s lawyer, Brad Calbo, added, “it needs to be crystal clear … that this victim was not at any time pinned down, raped, or pinned down and subjected to any sort of forcible penetration.” The other two attackers have been charged in juvenile court, and one has pleaded guilty.



Howard has now pleaded guilty to a felony count of injury to a child. He will be sentenced early next year, but the plea deal will likely lead to a sentence of two to three years of probation and 300 hours of community service. He also agreed to take any classes his probation officer recommends, which could include anti-bullying and anti-discrimination classes. According to the Times-News, he could even have his conviction dismissed if he goes through probation without committing new crimes. But if he violates his probation, he could face up to 10 years behind bars and a $50,000 fine.

The victim’s attorney, R. Keith Roark, said justice had not been served; he said he has protested the decision to the state attorney general’s office. “It’s absolutely preposterous that this kid should walk away with apparently no punishment whatsoever,” he told the Washington Post. “Everyone is more concerned with these young sociopaths than the victim of their violence.”

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