18-year-old from Pocatello pleads guilty to rape as part of plea deal

POCATELLO — A man charged with rape, kidnapping and production of child porn has reached a plea agreement.

Kadyn Leo Swainston, 18, pleaded guilty to rape during a hearing Monday, court records show. In exchange, one felony for second-degree kidnapping and three felonies for producing child pornography were dismissed.

As part of the plea deal, the prosecutor has agreed to recommend the judge suspend a prison sentence in favor of sentencing Swainston to probation, documents show. The agreement is binding, meaning the judge can choose to reject the agreement before or after reviewing a pre-sentence investigation, but if he does accept the agreement he will be bound to the agreed-upon sentence.

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Kadyn and his mother, 42-year-old Rachael Marie Swainston, were arrested in October after police investigated reports that Kadyn had impregnated a 15-year-old, and the Swainstons took the girl to Oregon for an abortion.

The victim told a child therapist during a forensic interview that she and Kadyn had been involved in a sexual relationship since he was 17, and she was living with the Swainstons. When she became pregnant, the girl said Kadyn told her if she refused to get an abortion their relationship would be over. Rachael, the girl added, told her if she refused the abortion, she would be kicked out, and Kadyn would not pay child support.

Rachael, who is charged with second-degree kidnapping, is also in mediation working toward a plea deal.

Rachael Marie Swainston | Bannock County Jail

Kadyn is scheduled for a sentencing hearing before District Judge Rick Carnaroli on July 8.

Rachael is scheduled to appear in court before District Judge Javier Gabiola on June 3.