Midvalley man going to prison for assault | AspenTimes.com

Midvalley man going to prison for assault

Tim Mutrie

The midvalley man who pleaded guilty in August to felony sexual assault of a child was sentenced to four years in the Colorado Department of Corrections yesterday in Pitkin County’s 9th Judicial District Court.

The 39-year-old El Salvadoran, whose name the Times has chosen to withhold in order to protect the identity of the victim – who was the man’s common-law step-daughter – was granted credit for 256 days of presentence confinement by Judge J.E. De-Vilbiss.

Assistant District Attorney Lawson Wills said the sexual assault consisted of “a two-year-plus pattern of abuse that occurred with a girl between 10 and 12 years of age.”

“It’s unclear how many incidents we’re talking about because the young girl is reluctant to talk about it,” Wills said in court Monday.

Probation Officer Kyle Miller recommended a four-year prison sentence; both Wills and DeVilbiss agreed that such a prison term was appropriate in the case.

DeVilbiss criticized the defendant for not being forthright with authorities and taking more responsibility for his actions.

“You still deny intercourse and you say sexual assault only happened once or twice,” the judge said, adding that he would not have had difficulty in sentencing the man to an eight-year prison term.

“I suspect when you arrive down in Caon City, you’ll wish you handled things differently while you were here,” DeVilbiss said.

The defendant’s attorney, public defender James Conway, said his client would be deported to El Salvador upon completion of the prison sentence.

Authorities first learned of the ongoing sexual abuse when the victim, then 12 years old, contracted a bladder infection and medical staffers at the Basalt Midvalley Medical Clinic discovered sperm in the young girl’s urine, according to an arrest warrant filed Oct. 29, 1998 by Deputy Bruce Benjamin of the Pitkin County Sheriff’s Office.

The sexual abuse did involve instances of sexual intercourse, though not exclusively, the warrant said.


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