Man convicted of domestic battery in plea deal that dropped a count of rape

photo by: Sylas May/Journal-World

Drew Botello, left, is pictured Thursday, June 4, 2026, in Douglas County District Court with defense attorney Jennifer Amyx.

A man originally accused of rape in Douglas County District Court was convicted instead on Thursday of two lesser felonies, neither one a sex crime, as part of a plea deal.

Drew Botello pleaded guilty to one count of third or subsequent offense domestic battery and one count of interference with law enforcement, and in return, the single count of rape against him was dismissed. The parties agreed to recommend a 180-day sentence, 90 days of which would be on house arrest, as well as multiple years of probation.

Judge Stacey Donovan told Botello she was not bound by the plea agreement and could sentence him to up to a year in jail and a fine of up to $7,500 on the domestic battery count and between five and 17 months in prison on the interference count, depending on his criminal history.

“He doesn’t have a lot of criminal history, it sounds like; very little,” Donovan said.

Prosecutor Todd Hiatt told the court that if the case had gone to trial, evidence would show that Botello and his girlfriend had gotten into an argument on Jan. 9 of this year at an apartment on Louisiana Street.

Hiatt said law enforcement officers responded to a domestic disturbance in progress and could hear the woman yelling from inside. The officers kicked down the door, he said, and tried to restrain Botello, who was “kicking, squirming and yelling.” Eventually, he said, Botello had to be put in a WRAP full-body restraining device.

During the argument, Botello had punched the woman forcefully in the upper back, Hiatt said, so hard that she felt like her shoulder was out of place. She had one of the officers attempt to “crack” it back into position, he said.

Hiatt’s factual basis did not contain any mention of sexual offenses.

Botello’s attorney, Jennifer Amyx, said her client was heavily intoxicated at the time, but has since gotten inpatient treatment. He is sober, “has regulated” and is on medication, she said.

Botello did not speak at length at the plea hearing, mostly just speaking to answer the judge’s questions. But Amyx said on his behalf that he “takes responsibility for his conduct.”

Botello and his girlfriend have a daughter, and the parties asked for a modification of his bond conditions so that he could have contact with the child again. Amyx said he had not seen her since he was charged in January: “That’s an extraordinary amount of time to go without seeing his daughter,” she said.

Donovan said she would grant the request because the victim had expressed to the DA that she was comfortable with that, and “so that you can be a better parent and a better co-parent.” Botello is to have no contact with the victim except for child exchanges and visitation, and the exchanges are to be done in the presence of a third party whom both parents have agreed on.

Botello is scheduled to be sentenced on July 1.