Charges against a La Plata County man accused of sexually assaulting a Fort Lewis College student have been dropped and amended ahead of his pending trial, attorneys say.
Devin “Ducky” Bond has been charged with sexual assault causing submission by overbearing the victim’s will, a Class 2 felony, said 6th Judicial District Attorney Christian Champagne. Bond was previously charged with three counts of felony sexual assault and three crimes of violence. The charges were amended as prosecutors learned more about the factual circumstances of the case, Champagne said.
Champagne declined to discuss those facts because the case is expected to go to trial and he doesn’t want to bias a prospective jury pool.
The Durango Herald previously reported Bond was going to stand trial on six charges, but those charges have been dismissed.
Bond faces a minimum of 16 years to life in prison if convicted of the felony sexual assault charge, which has not changed since the prosecution filed it in October 2017, Champagne said.
Durango defense lawyer Brian Schowalter, who represents Bond, confirmed charges were dropped, but he declined to say why. Bond’s trial has been postponed because the defense received new information, Schowalter said. A new trial date is expected to be set next week.
Prosecutors accuse Bond and two co-defendants – Anthony “Izzy” Israel Fitts and James Thomas Zink, both of whom have pleaded guilty to sexual assault charges – of forcing the woman to perform sexual acts inside a car at various locations around Durango.
According to arrest affidavits, Zink, Fitts and Bond offered the woman a ride home. The woman was expecting to be taken to FLC. Instead, she was driven around town for an unknown period of time. Once parked at the Durango Skate Park, Zink threatened the woman with a shotgun and forced her to perform sexual acts on the men, police said.
Police received a call from a man who had been in the car earlier and reported money was stolen from him. Police were searching for the car when they encountered it at the Durango Skate Park in the 1300 block of Roosa Avenue.
bhauff@durangoherald.com
