Estimated read time: 4-5 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 Information in the story may be outdated or superseded by additional information.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.
SANDY — A Sandy landlord accused of kidnapping two women and assaulting them in his home — allegedly raping one of the women — was released from jail Wednesday after making a deal with disappointed prosecutors who said their case against him unraveled.
Vratislav Roger Bilek, 62, pleaded no contest Wednesday to one count of kidnapping, a second-degree felony, and with credit given for time served since his arrest more than a year ago, he was released from the Salt Lake County Jail.
All remaining charges against Bilek in two separate but similar cases — an additional kidnapping charge as well as charges of rape, assault, battery and drug possession — were dismissed as part of the deal. The 11 felonies and one misdemeanor cannot be re-filed at a later time.
A jury trial in the case had been set to begin Jan. 4.
Bilek was sentenced Wednesday to five years of probation, which includes mandates for random drug testing, prohibition of alcohol, substance abuse treatment, and a ban on overnight female guests. Any violation of Bilek's parole could result in a one-to-15-year prison sentence.
Prosecutors are disappointed by the outcome, Salt Lake County deputy district attorney Nathan Evershed said. But they were left with few options after the case deteriorated when the two victims stopped cooperating with investigators and eventually disappeared. Working with both women was complicated by apparent effects of "documented frequent drug use" and mental illness, he said.
"The risk of acquittal was just getting higher, frankly, with both victims not being present, both of them missing. … At some point you just have to hold your nose and say, 'At least we're getting something here,'" Evershed said. "Should he mess up, should he not keep his nose clean for the next five years, he'll go to prison. So at least we have that."
Bilek was charged in September 2014 after a woman — naked and covered in apparent injuries — ran to one of Bilek's neighbors and reported she had just escaped after being held against her will, assaulted and raped in the Sandy home, 563 Fruitwood Lane (10805 South), after he had offered her a place to stay.
A week later Bilek was charged in a second case after another woman who had just begun renting a room in the house reported a similar experience with the man she knew as "Roger."
Despite being forthcoming with police and investigators after making her initial report, the woman in the first case — who was later detained in jail in an unrelated case — eventually refused to be transported to court for a preliminary hearing, Evershed said. She then refused to speak with prosecutors at the jail.
At a rescheduled preliminary hearing, the woman was transported to court against her will and made it clear she would not cooperate with prosecutors or testify in court, Evershed said. Police and prosecutors can no longer find the woman and a material witness warrant has been issued for her arrest.
"The lack of her testimony describing these events in that home was a blow to the case. Had she cooperated and we had that evidence, we wouldn't be in this position," Evershed said. "As of today I still don't know why she continued to not cooperate with the case."
It appeared prosecutors still had a "not perfect but decent" case based on the testimony of the second victim, who gave an extensive and detailed report to police, the prosecutor said. While the timeline and some details of the woman's testimony were unclear or contradicted themselves, for the most part her account was corroborated with evidence from Bilek's home, he said.
"There were obvious impeachment issues, she had prior convictions, there were witnesses coming forward saying she's not trustworthy, and then the defense was going to provide experts who were going to impeach her testimony as well … regarding drugs and regarding her injuries," Evershed said.
However, police and prosecutors have been unable to locate the woman since her most recent incarceration in August and family members report they haven't had any contact with her since October, he said. A number of warrants, including a material witness warrant, are outstanding for her arrest.
In the past few weeks, petitions to continue the case to give prosecutors more time to look for the women were denied by 3rd District Judge Bruce Lubeck, and indications were made that the judge would not allow the second victim's previous account to be read into evidence in lieu of her testimony, Evershed said.
Prosecutors had hoped to offer a deal requiring Bilek to plead guilty to two counts of kidnapping and to serve time in prison, Evershed said. But as the case collapsed further, ultimately they agreed to the plea Bilek entered Wednesday.
"It's been a long case, I think there were nearly 50 motions litigated on this, and this is just where it all ends up," he said.
