Press Release from Kootenai County Prosecutor’s Office
Dexter Ray Lumen Tondu, 20, was convicted of Video Voyeurism and Sexual Battery. On January 2, 2024, Tondu had several friends over for the evening. One of the friends, a female, slept at Tondu’s residence after deciding she was too tired to drive home. The female friend woke up the next morning to Tondu lifting up her shirt, grabbing and taking pictures of her breasts, and digitally penetrating her vagina without her consent. Video Voyeurism is a felony, punishable by up to 5 years in prison. Sexual Battery is a misdemeanor, punishable by up to 1 year in jail.
Tondu was sentenced on June 18, 2024, by District Judge John Mitchell. Deputy Prosecuting Attorney Molly Nivison recommended an imposed 5-year prison sentence with parole eligibility after 4 years for the Video Voyeurism charge and 1 year in jail for the Sexual Battery charge. It was recommended that the 1-year jail sentence be suspended and run consecutive to the prison sentence; allowing Tondu to be on both parole and probation once released from prison. Judge Mitchell largely followed the State’s recommendation but retained jurisdiction over Tondu instead of imposing the prison sentence.
Idaho Code allows a Court to retain jurisdiction over a defendant for up to one (1) year. A retained jurisdiction is often referred to as a ‘rider.’ On a rider, a defendant will receive treatment while in custody of the Department of Corrections (DOC). However, within a year of being sentenced the defendant will return to Court for a review hearing where a judge will decide to either grant the defendant probation or leave the defendant in DOC custody for the remainder of their sentence.
Tondu returned to Court for his review hearing on May 1, 2025—eleven (11) months after being sentenced. District Judge John Cafferty presided over the sentencing, as Judge Mitchell had since retired. Despite noting several disciplinary issues during the rider, the DOC recommended that Tondu be placed on probation for the Video Voyeurism charge. However, Prosecuting Attorney Kyle Singleton recommended that Tondu remain in DOC custody for the remainder of his prison sentence. Judge Cafferty ordered that Tondu remain in DOC custody for the remainder of his prison sentence with parole eligibility after 4 years.
Prosecuting Attorney Stanley T. Mortensen thanks Criminal Chief Deputy Prosecuting Attorney Laura McClinton for prosecuting the case and the Coeur d’Alene Police Department for investigating the case.
