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LOGAN — Sentencing for a Utah State University fraternity member who admitted to attempted sexual assault of two sorority sisters has been delayed over questions about a psychological evaluation.
Jason Brian Relopez, 27, pleaded guilty last month to reduced charges of attempted rape, a first-degree felony, and attempted forcible sexual abuse, a third-degree felony. The Hemet, California, man was originally charged with aggravated sexual assault and rape, both first-degree felonies. An earlier charge of aggravated kidnapping, a first-degree felony, was dropped prior to a preliminary hearing.
As part of a plea deal, prosecutors said they would recommend a sentence for Relopez based on the outcome of a psychosexual evaluation: A year in jail followed by release for treatment if he was found to be at low risk to reoffend, or prison if he was determined to be a medium or high risk.
However, prosecutors expressed concern at a sentencing hearing Tuesday that some aspects of the evaluation were inconclusive, while other areas found Relopez to be a low to moderate risk.
Defense attorney Shannon Demler objected to repeating the evaluation.
"It was a risk we all were taking," Demler said of the decision to hinge a sentencing recommendation on the evaluation. "It came out in our favor and now the state wants to look at it some more to see if they can change it, and we're not going to let that happen."
First District Judge Brian Cannell ordered that the doctor who conducted the screening be brought in to discuss the evaluation at an evidentiary hearing April 13. Sentencing will be rescheduled at that time.
Demler said his client was disappointed that resolving the case has been delayed, noting that friends as well as his family from California had traveled to Logan for Tuesday's hearing.
Two women, both of whom met Relopez through the school's Greek system, testified at the preliminary hearing last August that they had been spending time with Relopez when he became violent and frightening.
A 19-year-old woman said she was at a party at the Sigma Chi fraternity house in July when she ended up alone in Relopez's room. They were kissing when Relopez slapped her and began a night of abuse and demoralizing sexual encounters that she couldn't object to without putting herself at risk, she testified.
A 20-year-old woman also testified she had been studying with Relopez at her house late one night in October 2014 when they began kissing. Though she said no when Relopez asked if she wanted to "go all the way," Relopez pinned her and raped her, the woman said.
Related
A week before trial, former USU student pleads guilty in rape case
Just days before he was set to stand trial, a former Utah State University student and fraternity member accused of sexually assaulting two women pleaded guilty to reduced charges.Ashamed, she said she contacted school officials but did not approach police until she heard of the second woman's allegations.
Relopez was ultimately dismissed from both Utah State University and the Sigma Chi fraternity.
Relopez is the second USU fraternity brother to plead guilty in recent months. In October, former Pi Kappa Alpha President Ryan Wray, 27, pleaded guilty to attempted forcible sexual abuse, a third-degree felony, and was sentenced to six months in jail.
USU banned alcohol from Pi Kappa Alpha and Sigma Chi events and sanctioned both fraternities in September following Relopez's arrest. The two fraternities were prohibited from recruiting new members for a year.
