A Durango man who bit a police officer’s finger is out of custody on bail under supervision as he awaits a Sept. 30 sentencing.
Cedric Quintana, 34, accepted a plea deal in which he pleaded guilty to menacing, a Class 5 felony, and resisting arrest, a Class 2 misdemeanor, under a single case. He also pleaded guilty to two counts of violating his bail agreement.
According to court documents, Quintana will receive a two-year deferred judgment and sentence for menacing, under the probation department’s supervision.
For resisting arrest, he will also be placed on probation for two years, which will be carried out at the same time as his menacing sentence.
On these conditions, all other charges will be dismissed. The defendant will also incur all costs and adhere to any other conditions imposed by the court.
On Sept. 20, 2013, Durango police received a call from Quintana’s roommate who said the defendant was being verbally abusive and causing a noise disturbance at his Main Avenue apartment.
The roommate’s mother opened the door to police, who stood in the doorway and told Quintana, in bed by this time, to show his hands. Quintana refused, cussed at the officers and told them to obtain a warrant. Police then entered the apartment and grabbed the defendant’s arms.
Quintana bit down on Sgt. Bobby Taylor’s right pinky finger and refused to let go until police used a Taser on him. Taylor underwent two surgeries to repair his finger.
Quintana spent more than a year in the La Plata County jail on felony charges of assault on an officer and felony assault causing serious bodily injury.
The plea agreement was filed in August after a mistrial in July that ended in a 6-6 deadlock under District Judge Jeffrey Wilson.
Citing Colorado’s Make My Day Law, which allows homeowners under certain conditions to use deadly force against intruders, public defenders Heather Little and Justin Bogan argued police had no right to enter Quintana’s home.
Stewart said the defendant was extremely intoxicated and disturbing the peace, and therefore authorities had probable cause to enter.
“It’s not the outcome we were hoping for,” Deputy District Attorney Reid Stewart said Thursday about the plea agreement. “But it’s a fair agreement based on the feedback we got from the jurors.”
Quintana will start his probationary sentence after Judge Wilson hands down the formal sentence at the end of the month.
jpace@durangoherald.com
