Man on trial for rape takes plea bargain

Attorneys representing a man charged with the forcible rape of a Creston woman struck a plea bargain with prosecutors Thursday morning, cutting short what would have been the fourth day of his trial in Flathead County District Court.

Charles Todd Clugston, 45, pleaded guilty to criminal endangerment and tampering with or fabricating physical evidence, both felonies.

He testified briefly Thursday that his conduct on the night of Oct. 20, 2007 created a substantial risk of injury to his victim and while being booked into jail he threw a pair of underwear intended for forensic testing into a toilet

According to prior testimony, deputies twice responded to Clugston's home on Lake Loop Drive in Creston that October night before arresting him about 11:30 p.m.

At 9:30 p.m., officers broke up a verbal disagreement between Clugston and his alleged victim, then 34 years old.

Two hours later, they were back to investigate another disturbance. Upon arrival, deputies testified they heard a woman inside shouting "no" and 'stop." They entered the residence and arrested Clugston, who investigators said was naked and in bed with his victim, for the alleged rape.

Prosecutors say Clugston had stripped off the woman's clothes and forced her into bed before sexually assaulting her.

Defense attorneys, however, painted the woman as a gold-digger with ulterior motives who mentally and emotionally tortured the defendant.

Clugston's attorneys also challenged state's interpretation of physical evidence and pointed to a lack of corroboration. State witnesses included law enforcement officers and forensic experts.

The victim also made contradictory statements to investigators and other authorities, said Kalispell attorney Scott G. Hilderman, one of three lawyers defending Clugston.

In exchange for his plea, the Flathead County Attorney's Office will drop the rape charges and recommend that Clugston receive no jail time but spend 10 years on probation.

The plea deal also calls for Clugston to complete a sexual offender evaluation and then follow its treatment recommendations. A condition of Clugston's probation will be that he not consume alcohol, said Deputy Flathead County Attorney Lori Adams.

"Three days into it, we believed there was a strong possibility we might get a hung jury," Adams said. "With that in mind, knowing that we did not want to put [the victim] through this again… we thought this was the best way to handle it."

The victim, who Adams said agrees with the plea deal, testified Tuesday for about 5 hours.

An important element of the plea agreement is that Clugston admit he assaulted his victim, Adams said. No jail time was "the one concession we were willing to make," she added.

"We were OK with probation at this point, but we wanted him on it for a lengthy amount of time," Adams said. "We believe we have done out ultimate goal of protecting society and … women from abuse."

Hilderman, who approached prosecutors Thursday morning about a potential plea agreement before the state had finished its case, said he considered the deal a 'very successful outcome."

"This will result in no jail time, no registration as a sex offender, no registration as a violent offender, and essentially he can go on with his life just as he did before this all happened," Hilderman said. "We just thought that with the status of the case, and the status of the evidence in the case, that the prosecution might reconsider their position regarding the charge and regarding a recommendation for prison time."

Clugston had rejected a previously proposed plea bargain with terms that called for a sexual intercourse without consent conviction and prison time.

Like Adams, Hilderman said a loss is a possibility in any trial.

"With a jury you never know," Hilderman said. "We felt very good about the way the evidence was going."

Clugston also was charged with one count of criminal destruction of or tampering with communications, a misdemeanor, for interfering when the woman tried to call 911. That charge was dropped per the plea bargain.

Clugston is scheduled to be sentenced July 16. Should Judge Stewart E. Stadler impose a sentence other than that agreed upon by defense attorneys and prosecutors, Clugston will be allowed to withdraw his guilty pleas and proceed with a trial.

Reporter Nicholas Ledden can be reached at 758-4441 or by e-mail at nledden@dailyinterlake.com