2nd Time Rape Offender Sentenced to Prison
By Greg Tuttle, Gazette Staff
Originally published in The Billings Gazette, July 12, 2001
A Billings man with a previous rape conviction was sentenced to 10 years in prison Wednesday for sexually assaulting an 11-year-old girl.
District Judge Diane Barz followed a recommendation from prosecutors that included a 20-year prison sentence with 10 years suspended for James William LaTray, 38, who earlier pleaded guilty to felony sexual assault.
Defense attorney Melissa Edwards asked for a lesser sentence of 15 years with 10 years suspended, noting that LaTray had written an apology to the victim and her mother.
"Mr. LaTray does not deny any of the allegations that this child made, and he does take responsibility," Edwards said.
Deputy County Attorney Melodee Hanes said LaTray had been released from prison and on parole for less than two months for a 1993 rape conviction when allegations surfaced in July 2000 involving the girl. LaTray was arrested and charged with sexual assault the next November.
In the 1993 case, LaTray pleaded guilty midway through trial on a charge of felony sexual intercourse without consent. According to prosecutors, LaTray was a police informant who used his connections to get a drinking buddy arrested for driving under the influence in Sanders County on Jan. 13, 1993.
After the man was arrested, LaTray went to a hotel in Plains where the man's wife was staying and raped her.
"The defendant contrived and schemed to have his co-worker and fellow logger put in jail," District Judge C.B. McNeil said at the sentencing hearing on June 26, 1993. "He knew the victim's only protection was her husband."
McNeil sentenced LaTray to 20 years in prison. He agreed to recommend that LaTray serve the time in a prison outside Montana because of his role as an undercover drug informant.
According to court records, LaTray was released from prison in May of last year after serving seven years of the 20-year sentence. He was on parole when he was accused of sexually assaulting the 11-year-old girl in Billings.
LaTray's parole was revoked as a result of the latest sexual assault charge, and he will have to complete the remaining 13 years of his prison sentence. The 10-year prison sentence ordered Wednesday will begin after LaTray is finished serving the remaining 13 years on the previous sentence, and he will remain on probation for another 10 years.
The girl's mother testified Wednesday that she had been aware of LaTray's previous rape conviction, but believed he had successfully completed sex offender treatment and was rehabilitated.
"I think this crime shows otherwise," the woman said. "I guess my biggest concern is him having contact with children again."
