Plea deal

Chay Gilbert, 18, and Spencer Shimota, 19, enter Judge Richard Barron's courtroom for a status hearing Friday. They chose to stand trial in the alleged rape case involving a 13-year-old girl.

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COQUILLE -- The 17-year-old son of the district attorney admitted today in court to having sex with a 13-year-old girl.

Jacob Frasier and his lawyer, John Meynink, negotiated a plea agreement with the deputy district attorney from Douglas County handling the case. Per the agreement, Frasier pleaded guilty to second-degree sexual abuse -- a felony -- and Deputy District Attorney Kathleen Johnson dropped the charge of third degree rape.

Judge Charles Luukinen -- a retired judge from Polk County who came in to help both sides reach a plea agreement -- sentenced Frasier to three years, probation. If Frasier successfully completes his probation, the charge will be dropped to a misdemeanor and he will not have to register as a sex offender.

'You've been a good person," Luukinen said. 'It is an isolated incident that brings you before the court. The state agrees, and they've stuck their neck out for you. I'd appreciate it, personally, if you wouldn't stub your toe again."

Frasier stood -- straight-backed -- before the judge, and nodded.

Luukinen added that the charges were brought because the victim could not legally consent to sex due to her age and their age difference. Frasier did not force the girl.

Frasier and two other men -- 19-year-old Spencer Shimota and 18-year-old Chay Gilbert -- were arrested in December on charges of having sex with the same 13-year-old girl.

According to court documents, Frasier dated the girl during the summer of 2011. It is unclear how the other suspects knew the victim.

Shimota and Gilbert also came before the court Friday to set trial dates. Trials for both men will run May 8-10.

However, Johnson told Luukinen she hopes Shimota and Gilbert will reach settlements similar to Frasier's.

She said she wanted 'fairness for those who happened to be over 18, as those who happened to be under 18."

Since the three initial arrests, police have arrested two additional suspects: 30-year-old Wayne Smith and his brother, 26-year-old William Smith.

Police say Wayne Smith had sex with the same 13-year-old girl as Frasier and the other men, while William Smith allegedly had sex with two additional girls.

The Smith brothers allegedly fled to Salem after the initial arrests. Salem police apprehended them in early February.

Wayne Smith is charged with second-degree rape and furnishing liquor to a minor. William Smith is charged with two counts of third-degree rape and furnishing liquor to a minor. The brothers remain in the Coos County jail.

Reporter Jessie Higgins can be reached at 541-269-1222, ext. 240, or


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