Estimated read time: 3-4 minutes
This archived news story is available only for your personal, non-commercial use. Information in the story may be outdated or superseded by additional information. Reading or replaying the story in its archived form does not constitute a republication of the story.
DUCHESNE — Judge Samuel Chiara's eyes glistened with tears Monday and his voice became choked with emotion as he handed down the sentence.
"Zero to five years in prison, because that's all I can give you," Chiara told Susan Elizabeth Rye, after saying the third-degree felony she pleaded guilty to in a deal with prosecutors "doesn't even touch what you did."
Rye, 61, was arrested in January and charged with three counts of sex abuse of a child, a second-degree felony. The charges were filed after a 14-month investigation into allegations that Rye had sexually abused a 5-year-old girl. The abuse took place over the course of several months in late 1989 and early 1990 while Rye was still living as a man, detectives said.
Court records show Rye legally changed her name from Randall Donald Rye in January 2009. Her defense attorney said Rye identifies herself as a woman, and her driver's license also lists her as a woman.
In August, Rye accepted a deal and pleaded guilty to one count of sex abuse of a child, reduced to a third-degree felony. Duchesne County prosecutor Grant Charles said Monday the deal was offered — after discussions with the victim — because any evidence in the case was 25 years old. There were also concerns about the emotional well-being of the victim if the case were to go to trial, he said.
"It's hard to go through life knowing that at any time I can be immobilized by something from my past," the woman wrote in the victim impact statement Charles read Monday in court.
"I have a great sense of loss. I grieve the person I could have been," the woman wrote, adding that she continues to receive counseling and wishes Rye was eligible for a life sentence because it's "the same sentence he's given me."
The victim's father also addressed Chiara, telling the judge Rye killed small animals in his daughter's presence and told his daughter that she and her family would suffer the same fate if she ever disclosed the abuse.
"This is something that needs to be placed right smack dab in the maws of hell," the victim's father said. "To say that time changes things is a lie against all things that are holy, period. In my opinion, this man is a danger to society."
When it was Rye's turn to speak, she told Chiara she does accept responsibility for what she did.
"I made a mistake," she said in a voice that was barely audible. "It's been a long time, and I pushed it to the back of my mind."
Chiara countered, however, that what Rye admitted to when she was interviewed for a presentence report was "not even in the neighborhood of what's accused." The judge added that if Rye had taken responsibility, she would have pleaded guilty to the original charges prosecutors filed against her.
"I can't second guess state's ability to prosecute this case," Chiara said. "To say that you've taken full responsibility is a bunch of baloney."
After imposing the maximum prison sentence allowable by law, Chiara specifically denied a defense request that would have given Rye credit for the 287 days she's already served in jail. He also ordered her to pay for all past and future counseling for the victim.
