By CHRIS COLLINS

Baker City Herald

The Monday sentencing in Clackamas County of a Baker City couple convicted of three counts of first-degree rape of their son also settles a Baker County case charging them with related crimes that happened here.

Circuit Court Judge Robert D. Herndon sentenced Patrick William Kirk, 45, to 16 years in prison after Kirk pleaded no contest to the charges Monday, said Baker County District Attorney Matt Shirtcliff.

Nellie Colleen Kirk, 41, who is Patrick’s wife, pleaded guilty and was sentenced to a 15-year prison term.

Shirtcliff said the sentences are the result of a settlement conference in Clackamas County. He participated in the Monday conference by phone from his Baker County office.

The settlement came a week after Nellie Kirk had been scheduled to go to trial in Baker County Circuit Court. The trial was postponed after the victim became sick with a serious illness unrelated to the trial, Shirtcliff said.

The victim, who is now 20, is being treated in a Boise hospital where he is expected to remain through the summer.

Patrick Kirk was represented at the conference by Bob Moon, a Baker City attorney; Nellie Kirk was represented on the Baker County charges by Charles Simmons of Nyssa and on Clackamas County charges by Maryann Meaney.

Chris Owen, Clackamas County deputy district attorney, also helped forge the settlement, Shirtcliff said.

In exchange for the pleas, the two prosecutors agreed to drop charges in both counties of first-degree rape, first-degree sodomy, first-degree sexual abuse and conspiracy to commit first-degree sexual abuse, Shirtcliff said.

Most of the crimes took place in Estacada while the victim was 12 to 14. The crimes continued in Baker County when he was 14 and 15, Shirtcliff said.

Upon release from prison, Patrick Kirk and Nellie Kirk will be required to register as sex offenders and to seek sex offender treatment while on post-prison supervision. Patrick Kirk will be placed on four years’ post-prison supervision and Nellie Kirk will be placed on five years’ post-prison supervision, Shirtcliff said.

Patrick was ordered to pay $1,821 in court fines and fees and Nellie must pay fines and fees of $2,021.

The Baker County investigation began in August of 2007 after the state Department of Human Services received reports of domestic violence in the Kirk home, Shirtcliff said. Patrick Kirk had prior convictions for domestic violence in Baker County, he said. During the August investigation by Jay Lohner, Baker City Police detective, the victim disclosed the sexual abuse out of concern for other potential child victims.

Lohner’s investigation led him to allegations of other sex crimes at Estacada where the Kirks had lived before moving to Baker City in December of 2001.

Shirtcliff said the settlement came after Nellie Kirk agreed to accept a 15-year sentence and to testify against her husband at his trials in the two counties. Her June trial was scheduled after she backed out of an earlier plea agreement in February.

At that time, Shirtcliff had offered to settle the Baker County case with a prison term of about 13 years. The couple were scheduled to stand trial together in Clackamas County in July had the settlement not been reached. Patrick’s Baker County trial was set for Sept. 29 to Oct. 3.

andquot;I was pleased with the result,andquot; Shirtcliff said. andquot;I’m glad the settlement conference worked.andquot;

Shirtcliff said the victim also was happy with the outcome of the cases.

andquot;He was very, very pleased,andquot; Shirtcliff said. andquot;He’s very ill and he wasn’t looking forward to a trial.andquot;