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Man receives 12 years to life in prison for sexual assault on child

Judge says conviction made possible by victim’s courage to testify
Durrschmidt

A La Plata County man was sentenced to 12 years to life in prison on Thursday for sexual assault of a child.

In December, a jury convicted Brandon Durrschmidt, 41, for repeatedly sexually assaulting a child over a period of nearly three years.

The conviction was delivered in the third jury trial for Durrschmidt. The first two ended in mistrials.

On Thursday ahead of sentencing, 6th Judicial District Judge Suzanne Carlson said the conviction was made possible because of the victim’s courage to testify in court.

She said child sexual assault is a serious offense that carries significant, lengthy sentences because it has lifelong effects on survivors, many of whom never recover.

She added sexual assault often takes place behind closed doors and it takes victims a long time to come forward about what happened – if they ever come forward.

District Attorney Sean Murray said “courage like (the victim’s) is not common.”

The victim “has won justice” and “won it the hard way” by testifying at multiple trials, he said.

Kellan Schmelz, Durrschmidt’s public defense attorney, argued for the most lenient sentence possible.

He said Durrschmidt by and large led a prosocial, hardworking life and he has the support of friends and family for his “hard work, character, compassion” that is demonstrated in letters to the court attesting to Durrschmidt’s character.

And he said those friends and family members would be supportive of Durrschmidt and make sure he abides by any and all court requirements should he “see the light of day” and be released from custody.

The defense said Durrschmidt was aware of the pain he caused that was “palpable” in the courtroom on Thursday.

He said evaluations showed Durrschmidt has “no sexual deviance” such as attraction to children and would have a low risk of recidivism and he could be effective in probation.

Murray said the praises of Durrschmidt’s character fell on deaf ears.

He said Durrschmidt ignored a protection order by drinking alcohol when out of custody. He also blatantly violated the protection order on camera when he was in custody at the La Plata County Jail by visiting with children, his nieces and nephews.

Murray said Durrschmidt was once a “trusted uncle figure” to the victim, who he abused for his own sexual gratification.

An arrest affidavit filed in April 2020 says Durrschmidt was a frequent babysitter of the victim. The abuses occurred when the victim was under his supervision.

He read statements from the victim’s mother and father that punctuated their contempt for Durrschmidt and the pain he caused their family.

Reciting the mother’s statement, Murray said she feels “anger, hate, regret, confusion” over Durrschmidt’s actions and he is a “pitiful, disgusting old man.”

“I hope it bothers you to be a registered sex offender,” the mother’s statement reads.

The father’s statement included, “You’re about to be welcomed to your own personal hell.”

In addition to his sentencing, Carlson ordered Durrschmidt to pay prosecutor costs amounting to $2,415.10 and to pay $163 to a victim assistance fund. He was given 169 days credit for time served in jail.

cburney@durangoherald.com