MOUNTAIN HOME -- A judge ordered Monday that a parish priest accused of sexually assaulting an unconscious man in Mountain Home be released without posting any bond.
Victor Franz Jagerstatter, 39, faces a felony rape charge. Hewas arrested by Mountain Home Police Friday.
Elmore County Judge David Epis blocked KTVB from bringing news cameras into the courtroom or recording the proceeding.
The victim, an airman stationed at the Mountain Home Air Force Base, told investigators the rape happened July 9 after he returned home from a night of drinking and passed out. The man said he woke up at about 3 a.m. and discovered that Jagerstatter had performed oral sex on him while he was unconscious.
Police say the victim and the suspect knew one another, but did not have a sexual relationship, and the victim had not given Jagerstatter permission to have sexual contact with him.
According to court documents, the airman reported the assault to Air Force family advocate officials. Mountain Home Police spokeswoman Melanie Broughton said it was turned over to detectives with the Office of Special Investigation July 11.
"They investigated it and found that there was probable cause, which means that it's more probable than not that this occurred, so we go forward," she said. "We take theses things seriously, and we investigate them thoroughly."
Jagerstatter, an ordained priest with the Roman Catholic Diocese of Boise assigned to Our Lady of Good Counsel in Mountain Home, has been placed on leave.
The courtroom gallery was packed during the Monday hear. Many of the onlookers wore buttons that read, "We Support Father Victor." The supporters declined to comment to a KTVB reporter.
Prosecutors asked the judge to set a $20,000 bond, but Epis ordered Jagerstatter be released on his own recognizance. He is due back in court Aug. 8.
If convicted of rape, he could face up to life in prison.
Roman Catholic Diocese of Boise spokesman David Llamas said in a statement the church was aware of the charge.
"The Roman Catholic Diocese of Boise has learned of the arrest of Rev. Victor Jagerslatter, Parish Administrator of Our Lady of Good Counsel in Mountain Home," he said in a statement. "The Diocese will cooperate fully with law enforcement officials in their investigation. Due to the seriousness of the allegations, Fr. Jagerstatter has been placed on administrative leave. We hold up in prayer all those involved in this matter."
Broughton said detectives are still investigating to determine whether there were additional victims or witnesses. Anyone with information about the case is asked to contact he Mountain Home Police Department.
The police spokeswoman added that Jagerstatter is innocent until proven guilty in court, and "it is important for us to respect that in the community," she said.
"We as a police department investigate these cases irregardless of what somebody's title is, and we want to treat everybody equally," she said. "That's what we're going to do here."