Breaking news: Former Pe Ell coach gets almost six years for rape, sexual misconduct

2012.0608.phelps.sentencetwo_2

Todd Phelps listens to his attorney Don Blair after his sentence is imposed in Lewis County Superior Court.

Updated at 5:37 p.m.

By Sharyn  L. Decker
Lewis County Sirens news reporter

CHEHALIS – Calling the case a meeting of a perfect predator and the perfect victim, Judge Nelson Hunt sentenced former Pe Ell girls’ softball coach Todd Phelps to the maximum prison time possible for the rape of a 16-year-old team member.

“It took you more than four months, but you got what you wanted Mr. Phelps,” Hunt said as he pronounced the sentence today. “I’m glad to see you have the support of family and friends, because you’re going to need it.”

Phelps, 52, was given two days shy of six years in prison.

Cuffed and clad in green and white striped jail garb, the former log truck driver looked back only once at his wife and two daughters seated behind him, and that was as he was led out of the Lewis County Superior Court room.

Phelps was convicted by a jury at the end of April of third-degree rape and second-degree sexual misconduct.

Lewis County Deputy Prosecutor Will Halstead today asked for the maximum sentence. Centralia defense attorney Don Blair asked for 10 months.

In a trial that extended into eight days, prosecutors described how Phelps gradually seduced a girl already troubled with low self esteem and depression and ultimately had sex with her that was clearly against her wishes. The jury took only a little more than four hours to find him guilty as charged.

The victim and her mother both addressed the court today before Phelps’ sentence was imposed.

The victim’s mother blasted Phelps, calling him sick, twisted and out of control for persuading her and her husband to trust them yet robbing their child of her innocence.

“You told our daughter she would be worth going to jail for,” she said. “Well, you got your wish. How do you feel now?”

The now 17-year-old girl described how she trusted him like a kind of super hero, who had her convinced her parents didn’t love her and then left her feeling like less than dirt.

“I never understood the word alone until I was balled up on the floor at Melody and Ben’s house, knowing I could never tell a soul,” she said.

Though her voice broke and she stifled sobs, the teenager continued, telling how she finally stood up and told, “before you could suck the life from me, like a spider to a smaller helpless bug.”

Phelps was forced to quit his job coaching the Pe Ell High School girls softball team in April of last year as he was investigated for violating school boundary policies, including texting the girl who was a team member, being alone with her and a kiss he said was on the forehead.

He was arrested in October in connection with an early April incident in which he had the teen to come by his house and asked her to take off her pants so he could see self-inflicted cuts on her legs.

A month later a charge of third-degree rape was added in connection with a July encounter with the girl at his brother’s Pe Ell home.

Deputy Prosecutor Halstead today reminded the judge the jury found aggravating factors, that Phelps used his position of trust with a particularly vulnerable victim, meaning he could be sentenced above the standard sentencing range.

“Clearly (the victim) has lost something she can never get back,” Halstead said. “And the community of Pe Ell has been torn apart.”

“He’s not safe in the community and not of an age he can be rehabilitated,” Halstead told the judge.

Defense attorney Blair said he understood the jury found the aggravating factors, but the standard range for the crime is six to 12 months.

He asked the judge to keep in mind the testimonials from supporters which had been placed in the court file.

“Todd is 52 years old and has never (before) been charged with a crime,” Blair said.

Phelps chose not to address the court.

For the second-degree sexual misconduct with a minor, a gross misdemeanor, Phelps was given the maximum of 364 days.

For the third-degree rape, a felony, he was given four years plus 364 days. The judge allowed one day for community supervision.

The judge said the two sentences should be served consecutively.

After he announced the sentence, Judge Hunt explained that when a maximum sentence is requested, he asks himself if it is the worst he’s seen of the particular crime in question.

“The answer is a resounding yes,” Hunt said.

The judge signed the orders, including Phelps’ notice of intent to appeal.

•••

For background, read:

• “Former Pe Ell coach faces charge of third-degree rape of teenage student” from Tuesday November 29,  2011, here

• “Pe Ell coach rape trial set for next week, judge denies request to dismiss charges” from Wednesday March 21, 2012, here

• “Trial opens for former Pe Ell coach accused of sex crimes with teen” from Wednesday April 18, 2012, here

• “Pe Ell rape trial: Girl tells of kissing” from Friday April 20, 2012, here

• “Pe Ell rape trial: Teen testifies about alleged rape” from Saturday April 21, 2012, here

• “Pe Ell rape trial: Teen answers questions from defense attorney” from Tuesday April 24, 2012, here

• “Pe Ell rape trial: Family provides alibis for former coach” from Thursday April 26, 2012, here

• “Pe Ell rape trial: Guilty as charged” from Friday April 27, 2012, here

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95 Responses to “Breaking news: Former Pe Ell coach gets almost six years for rape, sexual misconduct”

  1. George says:

    LOL And yet another person who has to come out of the woodwork and defend a child molester and rapist. Tell us, “Big Momma”, what kind of story did he tell you? And if you have proof of anything, did you or did you not speak up during his trial to help in his defense?

    Yeah, that’s what I thought.

  2. happy camper says:

    There is nothing “innocent” about chimo TODD PHELPS……..and the jury made that clear as well as Todd’s bad choices…..he is his own worst enemy….you need to pull your head out…..duhhhhh

  3. happy camper says:

    Big momma….choke on your fat Ass…….your just plain stupid!!!

  4. Big Momma says:

    You know what… F*** all of you thats saying shit about Todd. An innocent guy is going to prison for 6 years all because he tried to help a psycho. Her parents were going to put her in the hospital for being crazy but they didn’t cause they would of felt bad. She was obsessed with him and now he is in prison. Thats a bunch of bull shit!!! Ill stand behind him and his family till the end. So all u can go choke on fat wiener!!!!

  5. bustybabe says:

    NOW LETS PRAY THIS SICK BASTARD GETS HIMMSELF KILLED IN PRISON OR AT LEAST MAIMED!!!!!!!!!!!!!

  6. Not.On.My.Watch. says:

    It could take between two weeks and two months before he ” goes on the chain “.
    There is also the district court case that he has against him. I read where they filed charges on him, regarding his driving by the girls house last winter. I have to think, as long as that is active in the court, he’ll stay in the county jail until it’s resolved. Perhaps he will have his attorney file continuences in this case to stave off going to prison.Time served in county counts toward his sentence.People have told me county time is “hard time” compared to prison. Do to prison having jobs and education programs, plus inmates can be outside in a exercise yard and breathe fresh air occasionally.

    His church pastor seems to continue to make allegorical references to his strayed lambs case in sermons posted from mid May. Cannot imagine who he is refering to as the unwanted weed in the planter pot of church parisheners, in his gardening metaphor.
    I do not believe it is his darling Todd, who he probably see’s as a modern day imprisoned Peter.
    Listening to, in my opinion, those rote blase sermons, I can’t help pine for a translocated Norwiegan Black Metal band to be living near by.

  7. George says:

    Ah…. Thanks.

  8. Disgusted says:

    I believe they only transfer inmates to the prison system on a certain day(s) of the week, George.

  9. George says:

    Does anyone know why Phelpsy is still in the Lewis County Jail, and has not been transferred to the state prison system yet?

  10. interested says:

    @Monkeys Uncle…. You sure hit the nail on the head….. glad to see that someone wasn’t manipulated by his BS as many others and myself were. thank you for putting it in a objective point of view… Pretators are just what they are, preying on the weak and use their unhappyness & vulnerabilities against themselves. I am not quite sure that the few that have posted in defense of Todd have actually took to the time to read the definition, if they would have they would realize that he is far worse than a rapist, he is a child molester!!!

  11. justice for all says:

    That is sick! Stupid dumb ass church. Shame on all of there parishioners for allowing that. Is that a new tag line

  12. Monkeys Uncle says:

    ” Trust the heart, for give the hands”

    Header found atop New Harvest Churches web page…..Jesus Christ almighty!

  13. justice for all says:

    I would love to shout their names but their is a thing called statute of limitations and for another Sharon would not allow it because of libel. I have tried to submit information about other family members and she would not post it. I am not complaining Sharon, only explaining.

  14. Monkeys Uncle says:

    With out giving away any ones names these things do happen every where.
    Some one in Mr Phelps own family who seems to have posted on here was a victim of a predatory individual.
    From what I know, which is second hand, he used the same m.o. Pretend to care about a young person who’s family life was askew through no fault of their own. Act as a father figure, but in reality was a serial sex predator.
    The sad thing was, with all of the family the young person had in the tight knit community, none came forward to offer a safe place to stay with in the family. So she was in the clutches of a predator, living amongst a house full of adult male methampetamine addicts.

    After that all came to light, as well as other victims he had in the past coming forward, and he being sentenced to Mc Neil Island, don’t know if he is eligble for civil commitment. I heard people say about his victim how she was liking his attention, and was his girl friend, despite the guy was well into his fiftys and had kids that were all adults at the time.
    So this latest case didn’t happen in a bubble, there will be others in the future. It’s not just unique to Pe Ell either.

  15. hearme roar says:

    I for one would like others who have been violated by anyone to come forward. We hear over and over this sort of thing has been going in PL. Shed light on the perpetrators. Shout their names from the rooftops!

  16. Lawless Lucy says:

    This looks facinating.

    Do any of Todd’s family members think he committed the crime? If so, are they open about it?

    What made this victim particularily vulnerable? Was she mentally ill? or?

    I’m getting the feeling people here are saying this has been happening in this town for a long time. Would this not be a ground breaking turn of events to all come forward now?

  17. Disgusted says:

    This made my day! It renews my waning faith in our justice system. I hope Phelps does every day he is sentenced to and gets a little taste ofhis own medicine while he is in the joint. Better lube up, Todd. Your day is coming soon, you sick bastard.

  18. justiceforall says:

    I don’t like to call people names but looks like the dumb asses are coming out of the wood work again. You all lost. Your definition of no evidence does not apply. There was evidence and it doesn’t matter if it is not the kind YOU like. He is convicted and going prison for 6 years. I hope more young woman speak out and send the next sex offender to the same place. I hope this puts them all on notice. I hope it puts all you dumb asses on notice….. You, your family members, friends, or community members are going to jail if you keep commit these type of crimes. Your little reign of terror without consequence is f’ing over.

  19. Bugsy says:

    @ NONE….. Take step back and remove Head From Sand….

    Todd did not take the stand to defend the accusations (ding ding ding). Todd didn’t provide upon his arrest an Alibi (but was able to at trial, although very conflicting statements from family members).

    I would like to ask you When you were 16 yrs old how many 52 yr old men you dated? How many of your friends dated over 50 men? Is it ok to sleep with them at that age? Just curious, as to most people having any close relationship between a non related 52 yr old male and a 16 yr old girl is really WRONG.

    So if you are still having a hard time dealing with the EVIDENCE, you might try seeking help at the newly named “new harvest” NEW TESTAMENT CHURCH…. I guess the old testament doesn’t count for much there

  20. None says:

    Why would he apologize or show remorse if he didn’t do it? Really…. NO physical evidence?

  21. George says:

    Bugsy, don’t forget that all of the “alibis” didn’t match…. meaning either that this guy is a super-hero and can be in 12 different places at once, or that all those other people lied under oath (perhaps they were so far under the spell of this guy that they couldn’t help themselves, huh?)…

  22. Bugsy says:

    Timetomoveon…

    you stated “I do not disagree that there was wrong-doing”

    So are saying he DID RAPE HER? Or maybe a lil hanky panky between a 52 yr old MAN and a 16 yr old GIRL (against her wishes) is wrong a little bit.

    I think your perception of Evidence should include the LACK of a Credible ALIBI on his part, especially after the testimony of people under oath stating that TODD, his attorney, and once with his daughter went ALIBI shopping. What did that tell the Jury. Think Hard now, I see it as he couldn’t defend himself against the testimony of over 2 days of his victim.

    And the fact that the Alibis offered in court by his family SHOULD have been offered up the DAY of his Arrest. If his alibi’s was the truth, that would have been the time to squash the ordeal.

  23. justiceforall says:

    A few years ago I won’t forget having a conversation with a person who was caught and convicted of a pretty serious crime. We were having an intense conversation about the outcome and they were heavily invested in ruminating how this evidence was wrong, and this witness was lying, and this date meant this couldn’t have happened.
    I knew this person pretty well and knew he committed the crime and he didn’t think his crime was something to be punished for but I finally had to ask….. Okay… but did you do it? That person said, “yes, but that is not the point.” Criminals can never get over that they didn’t out fox everyone. They think they are smarter, better, faster, you name it… at everything and their ego just cannot take it. They count on everyone else being moral and truthful so they can talk advantage of their goodness that they perceive as weakness.

    Time.to.move.on…that’s what you sound like. You are either a fellow criminal or one of his brain washed minions.

  24. itsonlyamatteroftime says:

    You may think no evidence by your standard but evidently there was based on the court and the jury’s standard.
    Thank God…. because dirty old men like Todd have been doing this shit in that town forever thinking they will always get away with it knowing how people like you think “there is no evidence.”
    It is people like you that perpetuate crimes like this being under reported. I hope you feel real good deep down inside yourself. I bet your even friends with the SOB on FB….

  25. time.to.move.on says:

    This case completely boggles my mind. Convicted at the maximum sentence for rape, with no evidence! I do not disagree that there was wrong-doing, but how can someone be ‘guilty beyond reason of a doubt’ without ANY evidence?? crazy.

  26. itsonlyamatteroftime says:

    over 15 mutual friends on my list Facebook. it makes me angry and sick. whats wrong with people. i want to delete them all

  27. Teresa says:

    @Pete’s Bench: with a third off, he will do almost 4 years. They do everything in months with DOC. So 6 years is 72 months, and 2/3rds of that is 47.52 months. Divide that by 12 and you get 3.96 years.
    Also, Washington doesn’t have parole.

  28. justiceforall says:

    I never thought about it like that “itsonly.” You are right. It is also like a slap in the face to the victim and her family.

  29. itsonlyamatteroftime says:

    I think being his FB friend is showing support for a rapist period. Especially since he used FB in his crime.

    The Phelp’s family knows what he did. They may be a lot of things but they aren’t stupid. I hope the warning signs they choose to ignore ruminate in the minds over and over again and keep them up at night. I hope the memories torment them until they make things right.

  30. Bugsy says:

    Facebook friends have nothing to do with this. FACEBOOK is a social network where lies are told daily.

    Todd knows now that his wish has come true, just ask the judge.

    I know deep in my heart this girl is healing along with her family with his conviction. They deserve this, and anyone who wants to give them a high five is welcome to do so. The victory had to be bittersweet considering the hours of testimony.

    Todd’s real friends and family speak from their mouths, or keep silent which is just as bad.
    My only hope is that his family come to grips with his CRIME, and admit it, accept it, and move on.

    HE DOES NOT DESERVE THEM. He has deceived them beyond belief. They are being Brainwashed to STAND BESIDE HIM because of their Faith.

    What kind of Faith would behave that way… My God would tell me to run away as fast as I could. I hope this family can see the truth and soon so they can heal.

    The town of PL will soon forget about this ordeal, but I pray that all the secrets kept will be brought to light so others can heal.

  31. itsonlyamatteroftime says:

    I’m throw’in out there I think being friends with a convicted rapist on facebook is gross and disgusting. Everyone needs to update their friends list ASAP unless you are showing support for the bastard. In that case you’re as sick as he is….

  32. Realistic Retta says:

    I find it crazy that there is no one on here defending him anymore! BLISS!

  33. justiceforall says:

    Spot on Monkey’s Uncle…. I have seen several posters in various sites who do not hide their identity trying to use the victims family as the reason to pressure people to not voice their outspoken support for the verdict and outcome because the victims family “wants it that way.” It is bull$#!t and we all know it. That is not how the victim’s family feels. They have remained quiet for several reasons but they appreciate the outward support and the courage it takes to give it. But I have to admit I am glad those idiots are making themselves known and we can avoid falling for their fake intentions in the future. I cannot imagine how awful it must be to continue to live there, run into those folks in the store, restaurants and community events. But thank God there are a few good people who do still live there and I hope they do their best to help the family. The Phelps family could make this right but they won’t. I seriously do not have any compassion for them at this point. That… “is just the way he is” makes me physical ill in my stomach. I pray that they are embarrassed and shamed until they are compelled to do something to make this right. Instead of paying for his bullshit appeal they should be doing something positive for those who have suffered because of his and their actions. NO MORE DENIAL OR MAKING EXCUSES!!!!

  34. Monkeys Uncle says:

    I thought the planned appeal might be his reason for not making a statement of remorse, be it sincere or not. His attorney should have stated in court this being the reason for the convicted balking at making a statement. Not showing remorse gives the judge nothing to mitigate against a maximum sentence seems to me, especially if the D.O.C. P.S.I recommended a maximum sentence. His phsycological profile must be a lulu.

    I wonder what part of the case they plan to appeal? He was convicted by jury, is there some evidence that was with held that might exonerate him? Perhaps length of sentence? It was recommended by the Department of Corrections, based on their evaluation of the case and convicted. Appeals cost $, and are not always granted by appelate courts. I understand they have stringent requirements that must be met.

    I to have seen people who are life long residents of Pe ELL being very silent on this whole matter. Some seem to be enacting low level surepticious vengence against members of the victims family, while smiling to their faces. They are part of an older generation, who have social ties to the convicteds family.And who themselves also seem to manifest at least borderline predatory psychopathic tendencies, but have been well ingrained in the community for decades.
    I have had personal family members make statements like ” well, thats just how Todd is…” to minimize this event. I recall other past events of this nature where people would blame the victim or minimize the perpetrators actions as just a guy having fun.

  35. Sixteen in '75 says:

    The following information is dated by a good many years, and is unverified. It is second hand,but related by people that served time within the Washington state penal system.

    As far as from the inmates point of view, Monroe prison is a fairly benign medium security facility. The food is decent, tv’s and warmer plates are available for purchase from the prison store.The vending machines stock stuff like frozen single serve pizzas,and the vocational programs are useful.

    Clallum Bay is known as gladiator camp,due to the many fights.It is said fighting is encouraged and bet on by the guards,many whom are local former unemployed loggers. The guards supposedly employ a “good ol’ boy” self protection system, if one can imagine such a thing, so any staff corruption goes unreported.

    Stafford Creek near Aberdeen takes the opposite tack.Striving for a more humanistic style, fostering a inmate mentoring system.To that end inmates are paired up in two man cells, shower stalls,described as slightly larger than phone booths,( remember those? ) are within each two man cell. Showers are computer controlled, and come on at a prescribed time on each tier.Inmates must get into the stall simultaniously, showering under the single shower head, for the duration of the preset time.Described as ” the longest 8 minutes of your life”. If ones cell mate is obese, it can be either bane or blessing, depending on ones perspective.

    Vocational programs also reflect this more humanistic approach, as they focus on jobs in the health and beauty fields. Inmates practice honing their skills on each other, with hair styling,manicure and deep tissue massage.
    Apparently, this philosophy is done as a sort of living memorial to Aberdeens former musical prodigal son. A 48″x72″ portrait of the local iconic former pop star hangs high on the wall of the mess hall.
    Pictured in a full length off the shoulder yellow chiffon gown with matching Queen Annes lace parasol. It is under this portrait, inmates stand, dressed down to just their skivvies each week turning in their soiled garmets in exchange for fresh laundered ones, as the song ” Lady Stardust ” by David Bowie plays over the mess hall P.A.

    Most people who have served time there refuse to discuss these things, or deny all together ever serving time there.
    Recidivism rates however, for that facility are rather low.

  36. George says:

    Thank you, “Justice”…. yes, it is laughable when their silence shows more support for the criminal than it does the victim. It is even more laughable when the family of the criminal gets up there and says that HE is the victim.

    Well, he got a punishment that might not seem very fair to some, and might seem too harsh to others, but he did what he did, and now he has to pay that price. And he’ll be paying for a long time after prison, too.

  37. justiceforall says:

    George, you would be surprised how many people in Pe Ell treat this subject and specific event in this day in age. You would think showing support for the victim would be a good thing but there are still many in the town that are taking a very bizarre form of silence saying that by not talking about it is respecting “both sides.” It is laughable.

    Their little vows of silence are what got them and this young girl in this horrible mess in the first place. There are several men in several families who hide and protect men like Todd. I can understand the victim’s family trying to remain quiet in order deflect any additional negativity they receive directly but for everyone else to not speak out in support to avoid hurting his family…….. His family have been covering and making excuses for him forever…. If going through embarrassment and pain to make sure covering up never happens again, that is a good thing.

  38. George says:

    @ “Voice” and “use”, his family DID stand behind him the whole way… they were among those who were all like “but he didn’t do anything wrong” and stuff like that… They are going to find out now that things are a lot different. They are going to see what it is like to be a pariah in their home town, with the very people they call “neighbour” looking down on them thinking “you actually support a rapist and child molester?”

    The judge called it right when he said, for all intents and purposes, that this “guy” (I refuse to call it a man….) is a monster, and made his sentences run consecutively. this animal is going to find that life behind bars is NOT all fun and games once he gets thrown into “General Population”… they don’t take too kindly to “chimos” there.

    And where will his “church” be? I’m willing to bet they won’t be making many visits….

  39. interested says:

    Mokey’s uncle, i know for who you speak as I am the victim and Dennis actually got sentenced to 20.6 years, so over 2 decades and still has til 2017 to go, Todd deserved that sentence too….

  40. MorningCoffee says:

    If I were a victim of ANY crime, a “show” of remorse is of no value! It’s just that — a “show.” I would prefer NOT to hear anything from the offender…. not one damn word!

  41. LCR says:

    Well, any apology or acknowledgment of wrongdoing would risk screwing up the no doubt inevitable appeal. Unless they’ve decided not to appeal/waived right to appeal?

    It’s interesting that with as many people as ‘defended’ him (mainly by slamming his victim) none of them have posted now that he’s been found guilty AND sentenced. Not that I’m complaining. I hope that girl won’t let this event define her life going forward. I’m sure it’s going to be a struggle for her.

  42. use your brain says:

    No acknowledgement of wrong doing can be frustrating and an even more hurt for the victims. You would think for everyone’s sake it would happen but lack of admission and remorse is a mark of a true criminal/sociopath. Thank goodness he will be in jail.

  43. TheVoiceofReason says:

    No he didn’t address the victim, or his family. He sat there with a smug look on his face as he always has.

    My heart goes out to his daughters and wife. I can’t imagine how this must be for them.

    Despite that fact, we can’t continue trying to pretend this didn’t happen. Or use his “good deeds” or religion as an excuse. It’s quite obvious to anyone that has even a hint of intelligence, he’s a horrible man. And anyone that supports him blindly is also at fault.

  44. use your brain says:

    I am in complete and utter shock……. I cannot believe that he received the maximum. Females truly matter in Pe Ell and crimes like these no longer have to be swept under the rug so young women suffer in silence when they trust the wrong adult. Justice has been served and there is opportunity for people to heal.

    Hopefully this serves as an incentive for the school board to work towards removing all the predatory groomers that work there. No more tolerance for minimizing bad behaviors. Do not wait for another child to be so seriously groomed before dismissing the criminal. Predators will cross boundary after boundary until they get what they want.

  45. Monkeys Uncle says:

    Oh, one last thing, does any body know if he addressed his victim, or showed remorse to her in court? I’m curious. Did he make any kind of statement?

  46. Monkeys Uncle says:

    Well, it’s possible he could do his time where his cousins former boyfriend is serving nearly two decades, or the facility where a fellow former parishener is doing theirs. At least he will see some people he already knows.
    Yeah, he said it was worth going to jail for. He was in correct when it was testified to, him saying “see, sex is no big deal…” of course that act wasn’t really sex in the classic term. Unless that’s how it is by his definition.
    I wonder if he enjoyed seeing the girl have to relive the event in public, something tells me he may have. Sort of re victimizing her.
    A pyrric victory for him certainly.
    If he would have pled back in October he would probably have been out of jail by now. Real smart strategy there.

  47. Pete's Bench says:

    I think a person gets 1/3 off for good time, so barring any offences on his part while incarcerated he will do a total of 49 months. I think I figured it correctly, 1/3 of 72 is 23.9 rounded up to 24 minus from 72 = 49.

    Of course there is when he is eligable for parole, not sure how long an inmate has to do a sentence before they come up for that.
    I’ll guess he has to do at least three years before eligable.

    I am curious what the psycho-eval. came up with regarding his mental profile on the pre sentence investigation.

    I wonder who’s gonna foot the bill for the appeal? Perhaps the plates going to be passed a few extra times…. bake sale’s…car washes….?

  48. happy camper says:

    Its clear the judge saw through his self perfection and gave him a well deserved sentance.

  49. Walville Lumber Company says:

    Too bad it wasn’t 60 years.

  50. happy camper says:

    His luck has finally ran out……