Defense waives preliminary hearing

Man bound for arraignment on sexual offenses


— The defense attorney for a 24-year-old man charged with sexually assaulting a child waived a preliminary hearing Monday afternoon in Moffat County Court.

The man, whose name is being withheld in accordance with newspaper policies regarding alleged sexual-related offenses, is charged with two counts of sexual assault on a child, a Class 3 felony, sexual assault on a child-pattern of abuse, a Class 3 felony, sexual assault on a child, a Class 4 felony, and indecent exposure, a misdemeanor.

He also faces two sentence enhancers for violent crime sex offenses.

The defendant's attorney, Sherman Romney, waived the preliminary hearing and Judge Sandra Gardner bound the case for arraignment. The arraignment date had not been registered into court records as of press time Tuesday.

According to the criminal complaint, the defendant "unlawfully, feloniously and knowingly subjected a juvenile, not his spouse, to sexual contact and the victim was less than 15 years of age, and the defendant was at least four years older.

"Further, the defendant applied force against the victim in order to accomplish or facilitate the sexual contact," the complaint reads, and threatened death, serious injury, or kidnapping against the victim or another person.

The complaint also alleges the defendant exposed his genitals to a juvenile "under circumstances in which the conduct was likely to cause affront or alarm to the victim," and committed abusive sexual acts as part of a pattern.

The alleged acts took place between August 1998 and October 2001, according to the complaint.

The sentence enhancers, according to the complaint, allege the defendant caused injury to a child victim age 14 or younger during a sexual assault.

A potential witness list submitted by prosecutors from the 14th Judicial District Attorney's Office includes District Attorney's Office investigators, Craig Police Department officers and area doctors.

Moffat County Jail records reveal the defendant was booked into custody Jan. 12 on a warrant for sexual assault on a child. He remained in custody until Jan. 30, when he posted $20,000 bond.


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