Bryan Atwell - Repeat Sex Offender - Third Strike gets him just 10 years

"What risk should the community take on you?"

Atwell was convicted in Twin Falls County in 1987 of sex abuse with a child and again in 1997 in Ada County for lewd conduct with a minor. He was also charged in 1993 with sexual abuse of a child, but that was amended to battery and Atwell was put on probation for two years, according to online court records.

Twice-convicted child sex offender Bryan Atwell apologized Monday to his newest child victim who he conspired to injure a year ago, telling the girl not to fear him.

Atwell, 47, of Twin Falls, was sentenced on Monday in Twin Falls 5th District Court to a fixed 10 years under retained jurisdiction after he pleaded guilty in May to conspiracy to commit injury to a child.

He was originally charged, along with his then-girlfriend Christina Kay Strauss, 27, with felony sexual battery of a minor aged 16 to 17, after they allegedly tried to solicit sex from a 16-year-old girl on June 30 through text messaging. The girl worked with Strauss at a local fast food establishment.

Strauss and Atwell were convicted of the lesser charge of conspiracy to commit injury to a child, with Strauss punished more lightly than Atwell - receiving a four-year prison sentence, suspended to probation.

The maximum punishment for the crime is 10 years in prison, and prosecutors wanted that with retained jurisdiction for Atwell because of his criminal history.

The girl's mother read a letter on Monday to the court that she said her daughter wrote, in which the girl asked Judge Richard Bevan to "make sure he (Atwell) won't do this to another girl."

The girl said in her letter that she is more cautious now of dispensing her phone number, and fears seeing Atwell again in the community.

"I don't hate him, but I don't like him," the child said in the letter. "They pulled me into their sick and twisted game."

In exchange for Atwell's guilty plea, Twin Falls County prosecutors dismissed other crimes against him, including 10 counts of possession of sexually exploitative material with a child involved, and a count of sexual battery of a minor.

Twin Falls police seized a computer from Atwell, which had 200 images of possible child erotica and 366 possible child pornography photos.

Deputy Prosecutor Julie Sturgill told the court that Atwell "has gotten back into treatment and is working on a relapse program."

Atwell stood Monday and turned to his child victim seated in the back of Bevan's courtroom. "I apologize sincerely for my actions. None of this is your fault," Atwell said. "I'm trying my best to overcome my issues ... I'm amenable to treatment."

Bevan called Atwell's actions stupid. "Luckily in this situation there was no direct harm to this child ... What risk should the community take on you?"

Atwell was convicted in Twin Falls County in 1987 of sex abuse with a child and again in 1997 in Ada County for lewd conduct with a minor. He was also charged in 1993 with sexual abuse of a child, but that was amended to battery and Atwell was put on probation for two years, according to online court records.

"25% of all sex offenders re-offend within 15 years"
.........Sarah Tofte