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Vollhaber pleads guilty to rape

by CHERY SABOL The Daily Inter Lake
| September 30, 2004 1:00 AM

Man admits raping 14-year-old and assault the girl's father in his own home.

With his admissions Wednesday, John Vollhaber faces up to 120 years in prison.

Vollhaber, 54, pleaded guilty to sexual intercourse with a girl who was 14 years old in 2003.

He also pleaded guilty to assault with a weapon for attacking the girl's father in his own home.

When Vollhaber is sentenced on Nov. 18, prosecuting Deputy County Attorney Tim Wenz will recommend a sentence of 60 years with 30 suspended.

Another charge of felony solicitation was dropped. Vollhaber was accused of trying to persuade a woman to silence the girl with whom he says he had a consensual sexual relationship. Children under 16 in Montana are presumed incapable of consenting to sex.

Vollhaber was arrested in June 2003 on three counts of violating a restraining order, intended to keep him away from a 14-year-old girl.

He was released on bond and allegedly asked a woman to become friends with the girl's father so she could contact the girl.

He told the woman to tell the girl "to shut up about me, because I'm facing prison," court documents say.

The rape charge followed.

Then, on Oct. 7, 2003, Vollhaber attacked the girl's father at their Evergreen home.

According to police reports, Vollhaber, wearing a camouflage jacket, ambushed the man near his garage.

Vollhaber reportedly put his hand over the man's mouth, pushed a handgun against his head and "told him not to yell or he would shoot him."

The girl's mother heard the struggle and called 911.

Vollhaber then zapped the father with a stun gun several times. It apparently had no effect because the father was wearing a jacket.

He then reportedly apologized and said he was in love with the girl.

When sheriff's deputies arrested Vollhaber, they found a police scanner, a bottle of water, a gun, magazines for the gun, a knife, and a stun gun in the area.

On Wednesday, Vollhaber testified that he carried a Ruger 9-millimeter handgun that day. He faces up to 20 years in prison for that and up to 100 years on the rape charge.

Vollhaber is represented by public defenders Ed Falla on the rape charge and David Stufft on the assault charge.

District Judge Stewart Stadler ordered a presentence investigation which will include any criminal history, if he has any, and the impact on his victims.

Reporter Chery Sabol may be reached at 758-4441 or by e-mail at csabol@dailyinterlake.com