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La Plata County man sentenced in attempted sex assault

Wayne Baty again attempted to withdraw plea
Baty

A La Plata County man who pleaded guilty to burglary, menacing and attempted sexual assault was sentenced Friday to 12 years in prison.

District Court Judge Jeffrey Wilson also sentenced Wayne Baty, 29, to five years parole and 10 years probation that he will serve concurrently. Baty will be required to pay restitution, register as a sexual offender and complete treatment.

“I certainly don’t have any doubt you are guilty,” Wilson said.

Baty entered an Alford plea in July, which means he did not admit to the crimes. He asked Wilson on Friday to withdraw his plea. He choked up as he addressed the judge and claimed the victim had falsely accused other people.

“I’m being victimized by this woman,” he said.

However, he admitted that he could not remember what happened the night of the 2015 assault.

A previous request to withdraw his plea was denied by Judge Todd Norvell.

Baty’s friend, Candy Fitzhugh Newton spoke on his behalf, saying that she believed he was innocent and describing him as good and decent.

“I trust him,” she said.

The victim, who testified by phone, called for the maximum sentence, saying that Baty took away her sense of security and self-esteem.

After the attack, she was diagnosed with post traumatic stress disorder and anxiety, she said.

“I still live with enormous fear that he or someone else will do it again,” she said.

She said she disagreed with a plea agreement, in which Baty did not admit fault.

According to an arrest affidavit, Baty went to his neighbor’s house, southeast of Elmore’s Corner, and offered her $100 for sexual intercourse.

When the woman refused, Baty left the house and returned minutes later wearing bandanas 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 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 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 the through the backdoor.

District Attorney Christian Champagne said it wouldn’t make sense for the victim to fabricate the allegation because they were “essentially strangers.”

“This is the most dangerous behavior our community could worry about,” Champagne said.

After the hearing, he described the ruling as essentially a 22-year sentence.

“To the best of our ability we are protecting our community,” he said.

mshinn@durangoherald.com

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