BOISE, Idaho — Esmeralda Ahumada, 21, was sentenced Monday to up to seven years in prison for felony injury to a child, but she could be released on probation early next year.
Third District Judge Renae Hoff retained jurisdiction and will revisit the case after Ahumada has had about six months of treatment in the Department of Corrections mental health unit in Pocatello. If Hoff receives a favorable report, she could consider the defense recommendation that Ahumada receive probation and community-based treatment for her mental health, drug and sex abuse issues. If the report is unfavorable, Ahumada would likely be required to serve at least three years in prison.
Ahumada sobbed throughout her statement to the court Monday, saying she is sorry for having sex with the 12-year-old son of her roommate while the roommate was in the hospital last fall.
The boy's mother gave a victim impact statement but spent more time expressing sympathy for “Essie” than talking about the impact on her son. She said she is “torn between them” but stressed she does not choose Ahumada over her son.
She said the boy is in counseling and “has his own issues from a lifetime of abuse. It’s difficult to tell what effect Essie has had on him because it’s all run together.”
Ahumada, too, suffered a lifetime of abuse and has repeatedly attempted suicide, defense attorney Lance Fusting said.
Deputy Canyon County Prosecutor Erica Kallin acknowledged that Ahumada had a rough life, “but it does not excuse her behavior.
“What she did, not only is it illegal, but it’s just plain wrong,” Kallin said. “She preyed upon his innocence, his immaturity and his inability to understand what was wrong.”
Read the full story at idahostatesman.com.