A Durango man who pleaded guilty to sexually assaulting a woman at knifepoint but changed his mind about pleading guilty, won’t be given a do-over.
Wayne Baty, 29, held back tears Friday after District Judge Todd Norvell denied his motion to withdraw his guilty plea.
Norvell cited several reasons for denying Baty’s motion, including:
Baty was properly advised of his rights and found to be competent upon entering the plea agreement July 22 in District Court.He is a habitual criminal who is familiar with the criminal justice process and knows the consequences of entering a guilty plea.A trial scheduled for August 2016 was vacated after Baty entered a plea agreement with the 6th Judicial District Attorney’s Office. Since then, the victim has become unavailable to testify and the passage of time has impacted the effectiveness of the prosecution.Baty faces 10 to 12 years under the plea agreement.
According to an arrest affidavit, Baty went to a neighbor’s house late July 18, 2015, southeast of Elmore’s Corner, to show off his prison tattoos and offer $100 for sexual intercourse.
When the woman refused, Baty left the house and returned minutes later wearing bandannas and wielding a knife, the affidavit says.
The woman told police he entered without permission, forced his way into her bedroom, grabbed her, pressed a knife against her throat, threw her to the bed, cut off her clothes and groped her, according to the affidavit.
The assault was interrupted when the woman’s boyfriend showed up at the house, she told police.
Baty handed her the knife and told her “to stab the man at the door,” she told police. The woman refused and put the knife down. Baty allegedly grabbed it, threatened to cut her again and fled through the back door.
Baty was charged with 14 counts, including burglary, unlawful sexual contact, assault, menacing, soliciting prostitution and criminal mischief. He also was charged with tampering with a witness and attempted bribery in connection with phone conversations recorded from inside the La Plata County Jail.
He ended up pleading guilty to burglary, menacing and attempted sexual assault. But he wrote a letter to the judge asking to reverse his guilty plea seven days after signing the plea agreement.
A sentencing date has not been set.
shane@durangoherald.com
