POCATELLO — In sentencing Robbie Chavez Tuesday afternoon, Sixth District Magistrate Rick Carnaroli said he was troubled by the actions that led to the charge against the defendant.

    “No is no, no matter how hot it gets in the front seat,” Carnaroli said.

    Chavez was originally charged with misdemeanor battery stemming from an incident on Feb. 28, during which Jamie Bock claims Chavez forced himself on her in her car. Bock was a waitress at Oliver’s restaurant in Pocatello where Chavez is manager since the spring of 2012.

    It was Chavez, Bock said, who invited her to join him and some others they both knew at the tavern that night, according to court filings. During the time she was there, Bock told police, Chavez bought her a couple of shots and was making advances toward her. Tired of the advance, Bock told police she decided to leave and go home.

    She accused Chavez of following her out to her car and jumping into the passenger seat when she unlocked the car with her remote. She contends Chavez began kissing her, pulling on her neck because she was pulling away and using his other hand to grope at her private areas.

    When Pocatello city prosecutors decided to amend the charge against Chavez to disturbing the peace as part of a plea agreement, Bock was upset. She believed a charge that reflected the sexual nature of the incident was more appropriate.

    “Grabbing at me on top, grabbing me down below and sticking his tongue in my mouth, how could that be disturbing the peace?” she asked in a Journal story last month.

    During Tuesday’s sentencing, Chavez’s attorney, Peter Wells, tried to address the question of whether his client forced himself on Bock. He said that an audio recording of the police interview of Bock wasn’t transcribed verbatim for the final police report. Wells said the audio recording included an admission by Bock that at least some portion of her contact with Chavez may have been consensual.

    Wells said he contends that two were flirting throughout the evening at the tavern, that witnesses would have testified to that during a trial, and that the two went to Bock’s car together, where some consensual contact occurred.

    “After they had a chance to look at all the information available, they reduced it to a disturbing the peace,” Wells said, referring to Pocatello city prosecutors.

    Wells’ remarks on behalf of his client came after Bock made her victim impact statement. During that statement she told Carnaroli that the incident had turned her life upside down, that it cost her the job she had held at Oliver’s for more than seven years, and that she was now in significant financial trouble because of the lost income.

    She then had some harsh words for Chavez, calling him a predator and predicting he would again be in front of a judge one day.

    “He violated me and he knows what he did,” she said.

    City attorney Ian Johnson told Carnaroli that he recommended a sentence that included two years probation, a no contact order for two years and that fines and fees should be assessed against Chavez. He also recommended records check or court services probation.

    In sentencing Chavez, Carnaroli first read from the Idaho’s Statute 18-6409, the state’s disturbing the peace statute.

    “The reason (disturbing the peace) fits is because of the definition,” he said. “If it didn’t fit, I wouldn’t be able to take the guilty plea.”

    Carnaroli sentenced Chavez to 90 days in jail, suspending 86 of those days and requiring the defendant serve the remaining four days on the Bannock County Jail’s labor detail. He gave him until June 30 to complete those four days.

    He also fined Chavez $500, suspending $250 of the fine, and placed him on two years of record check probation. Carnaroli also put a no-contact order in place for two years.

    “You need to stay clear of Ms. Bock,” Carnaroli told Chavez.