A Durango man suspected of sexually assaulting his next-door neighbor at knifepoint pleaded not guilty Tuesday in 6th Judicial District Court.
Wayne Baty, 28, is scheduled for a five-day trial to begin June 13.
Baty is charged with 14 counts stemming from the assault, including burglary, unlawful sexual contact, assault, menacing, soliciting prostitution and criminal mischief. He also is charged with tampering with a witness and attempted bribery in connection with phone conversations recorded from inside the La Plata County Jail. At a December hearing, Baty was ordered to trial on the sexual assault and other charges.
Prior to Tuesday’s preliminary hearing to consider the tampering and bribery charges, Baty rejected a plea offer from the 6th Judicial District Attorney’s Office that would have sentenced him to 17 years in prison. District Judge Jeffrey Wilson warned Baty that he faces up to 128 years in prison if convicted at trial.
The assault occurred late on July 18 southeast of Elmore’s Corner.
According to an arrest affidavit, Baty went to his neighbor’s house, showed her his prison tattoos and offered her $100 in return for sexual intercourse.
When the woman refused, Baty left the house and returned minutes later wearing two bandanas and wielding a knife, according to the affidavit.
The woman told police he entered the house without permission, and he forced his way into her bedroom, at which point he grabbed the woman, pressed the knife against her throat, threw her to the bed, cut off her clothes and proceeded to grope her, according to the affidavit.
The woman’s boyfriend showed up at the front door, interrupting the assault, she told police.
Baty allegedly handed her the knife, telling her “to stab the man at the door.” The woman refused and put the knife down. Baty grabbed it, threatened to cut her again, and fled the through the backdoor.
The La Plata County Sheriff’s Office arrived about 12:35 a.m. July 19, and deputies took Baty into custody.
On Tuesday, Assistant District Attorney Christian Champagne played audio recordings from phone conversations Baty had from inside the La Plata County Jail in which he pleads with family and friends to contact witnesses to discourage them from testifying. In one case, Baty implies that he’s willing to part with everything – all his possessions – if the woman is willing to drop the charges.
Judge Wilson found probable cause to allow the tampering and attempted bribery charges to also be heard by a jury.
shane@durangoherald.com
