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Man sentenced for abusing elderly resident

by Brian Walker
| May 4, 2016 9:00 PM

COEUR d'ALENE — A 50-year-old Spirit Lake man will spend at least 10 years in prison and as many as 25 years after he was found guilty of sexual abuse charges involving elderly residents at a Spirit Lake facility.

Phillip Ray Smalley received three individual sentences with all to be served concurrently of 10 years fixed plus 15 years indeterminate from District Judge Lansing Haynes on Monday.

Smalley was found guilty on March 11 of two felony counts of sexual abuse of a vulnerable adult and one county of forcible sexual penetration by a foreign object. He worked as a caretaker for the Rose Terrace Country Homes, an assisted living facility in Spirit Lake, and the crimes were committed against a resident who is now 103.

Smalley was arrested without incident on Saturday, Aug. 22, 2015, at his home.

Kootenai County Prosecutor Barry McHugh said his office is pleased with the sentence.

"While the fixed term of 10 years is significant, Mr. Smalley’s continued denial of any wrongdoing will likely result in him serving a longer period of incarceration," McHugh said. "I am confident the Parole Commission will release Mr. Smalley only when there is no risk he will prey on vulnerable victims."

Smalley received credit for the 254 days he has already spent in jail.

Spirit Lake Police Chief Keith Hutcheson said he's glad Smalley is off the streets.

"He won't be attacking any more vulnerable adults, and that was our goal," Hutcheson said.

Hutcheson said there was a second alleged victim, another elderly woman who lived at Rose Terrace, but she died before a deposition could be read in court.

Smalley had been charged with misdemeanor abuse and neglect of a vulnerable adult involving that alleged victim.