Man imprisoned for assault of sleeping woman

COEUR d’ALENE — A man who pleaded guilty to sexually assaulting a sleeping woman received a prison sentence. 

Walter W. A. Bell, 42, of Coeur d’Alene, pleaded guilty in accordance with Alford to aggravated battery, a felony punishable by up to 15 years in prison. He also pleaded guilty to sexual battery, a misdemeanor.  

By entering an Alford plea, Bell did not admit guilt but acknowledged there was enough evidence to convict him at trial. 

First District Judge John Mitchell sentenced Bell on Wednesday to 15 years in prison for aggravated battery, the maximum possible sentence for the crime, with parole eligibility after six years. Bell also received a sentence of 180 days in jail for sexual battery, with credit for time served, and must pay $810 to his victim as compensation for lost wages. 

Mitchell opted to retain jurisdiction in the case. This means Bell will spend up to a year in a prison treatment program, called a rider, before Mitchell either places him on probation or sends him back to prison. 

“But I’m not very optimistic you are going to make probation when you come back,” he told Bell. “There’s a real issue of whether you’ve done this before.” 

The charges stem from May, when a woman who had been staying with Bell reported an assault. She said she had gone to bed after drinking some NyQuil that Bell had offered her, then woke in the early hours of the morning to Bell sexually assaulting her.  

Court records indicate Bell admitted to assaulting the woman in Facebook messages, which were later reviewed by law enforcement. He also admitted to the assault when interviewed by police. 

Bell was arrested and charged with forcible sexual penetration by a foreign object, a felony punishable by up to life in prison. In exchange for Bell’s guilty pleas, prosecutors amended the charges to aggravated assault and sexual battery and allowed Bell to enter an Alford plea for the assault charge. 

“The night that Mr. Bell battered her, she was in no state to consent to sexual contact,” prosecuting attorney Molly Nivison told the court Wednesday. “She was completely incapacitated.” 

Before receiving the sentence, Bell said he knew his actions were wrong. 

“There hasn’t been one day when I haven’t thought long and hard about how badly I hurt this individual,” he said. “I pray that, one day, she forgives me.” 

Bell said he has struggled with substance abuse problems for much of his life and his addiction to alcohol contributed to his actions. 

Mitchell noted that the psychosexual evaluation performed on Bell — which assesses, among other things, a person’s risk of reoffending — assumes that Bell will stay sober. 

“If you can’t convince me that alcohol will never touch your lips for the rest of your life, I’m not going to put you on probation,” he said. “As soon as you drink, you’ve blown apart any risk assessment that has been performed on you. It no longer applies.” 

Nivison said Bell has not taken full accountability for his actions. 

“He’s still engaging in a level of victim blaming,” she said. “That is extremely concerning to the state.” 

Nivison added that Bell’s polygraph test results, which weren’t available to the person who performed the psychosexual evaluation, showed “significant reactions” to questions about whether Bell had sexual contact with other sleeping or incapacitated people in the past. 

Mitchell said Bell must complete a “full disclosure” polygraph test and undergo a new psychosexual evaluation that takes the polygraph results into account. He must also make a plan for long-term sobriety and for sex offender treatment. 

“You’ve got a lot of work to do before I even consider putting you on probation,” Mitchell said. 

If you or someone you know is experiencing domestic violence or sexual abuse, reach Safe Passage 24/7 by calling 208-664-9303 or texting 208-449-7228.