from the District Court of the First Judicial District, State
of Idaho, Boundary County. Hon. Barbara A. Buchanan, District
judgment of the district court as to Count II is vacated.
Benjamin, McKay & Bartlett LLP, for Appellant. Dennis
Lawrence G. Wasden, Attorney General, for Respondent. Kale
A. Kraly appeals from a judgment of conviction following a
jury trial where he was found guilty of various charges,
including injury to child, in violation of Idaho Code section
18-1501(1). Kraly argues that the jury verdict as to the
injury to child charge was not supported by sufficient
evidence to conclude that he assumed care or custody of the
minor child, M.M. We vacate the district court's judgment
of conviction and remand this case with instructions for the
entry of a judgment of acquittal as to Count II-the injury to
child charge. However, Kraly's other convictions remain.
FACTS AND PROCEDURE
April 27, 2016, M.M. met Kraly on social media through a
mutual friend. M.M., who was seventeen at the time, told
Kraly she was nineteen. Kraly, who was thirty, told M.M. that
he was twenty-five. After they exchanged messages through
social media, they shared phone numbers and started texting.
After an extensive and explicit conversation, M.M. agreed
that Kraly would come to her room, stay the night, and they
would have sex.
drove to M.M.'s residence that evening. At the time, M.M.
lived with her father, but her bedroom was in a separate
building on the property and was not connected to the main
house. When Kraly arrived, M.M. met him outside and showed
him to her room.
inside her room, they made small talk, and Kraly asked her if
she wanted to use methamphetamine. M.M. testified that this
"freaked [her] out," and she said, "No, not
really." She further testified that she had never done
methamphetamine before, was terrified of needles, and had
seen the impact drugs can have on a person's life because
her uncle was an addict. Although she did not want to do
methamphetamine, Kraly persisted until M.M. "just
finally said yes" because "no wasn't good
enough." Kraly then put a syringe without a needle into
M.M.'s anus and injected methamphetamine into her rectum.
testified that after Kraly injected methamphetamine into her
rectum her head hurt "really bad" and she suddenly
"didn't care" about her surroundings. Shortly
after Kraly injected M.M. he showed her how to use
methamphetamine. M.M. testified that Kraly had a little
baggie with crystals in it, a knife, and a spoon. Once he
finished crushing the crystals and mixed the drug with water,
Kraly used a syringe with a needle and injected
methamphetamine into his arm. After Kraly injected himself,
M.M. testified that she felt "really tired and
confused." Kraly told M.M. to "trust him and it
won't hurt," and, using the same needle he had just
injected himself with, he injected methamphetamine into
M.M.'s arm. In addition to repeatedly injecting himself,
Kraly also injected M.M. with methamphetamine throughout the
night. In between injections, Kraly and M.M. had sex until
the following morning.
also testified that the following morning she was still high
and "didn't want to go to school." Kraly drove
them to a store for coffee and cigarettes, and then drove
them to the Kootenai River Inn Casino. After a minute or two,
they left and drove to a secluded location. While there, and
while still in the truck, Kraly injected himself with
methamphetamine and then injected M.M. in her arm. Kraly
drove them back to the casino where they sat in the truck.
was wearing an ankle monitor pursuant to the terms of a
juvenile court release order. When M.M. did not show up at
school, the school called her father, and her father called
M.M.'s juvenile probation officer. Using the ankle
monitor's GPS coordinates, law enforcement tracked M.M.
to the casino parking lot and discovered Kraly and M.M.
sitting in his truck. Kraly was later arrested and charged
with rape, injury to child, possession of methamphetamine,
and possession of drug paraphernalia.
trial, a jury found Kraly guilty on all counts. On January
19, 2017, the district court sentenced Kraly to concurrent
fifteen year sentences on the rape and injury to child
charges with five years fixed. Kraly was also sentenced to a
concurrent five year fixed sentence on the methamphetamine
charge and received credit for time served on the
paraphernalia charge. Kraly timely appealed his conviction on
the injury to child charge.