Initially indicted on nine felony child-ex charges, a Montezuma County grand jury recently stacked four additional charges on top of a convicted sex offender.
The amended indictment was filed 35 days before Andrew Allmon, 54, of Cortez was scheduled for trial on Sept. 17. According to District Attorney Will Furse, the new charges were connected to “pills and drugs” found in evidence last March. Investigators initially seized the “box and pills” in August 2013.
“The amended indictment was the will of the grand jury,” Furse argued on Tuesday, July 22.
Chief District Court Judge Doug Walker said he had “substantial doubts” that any new evidence alleging the victim was drugged could be introduced at trial.
“I just don’t think that’s going to fly,” he said.
Walker ruled the amended indictment, as presented, could not be filed against Allmon, citing a lack of proper notice to defense.
“This new indictment substantially complicates the case,” said public defender Amy R. Smith.
In light of the new allegations, Smith said she was not ready to proceed to trial next month.
“The court can only grant a continuance if you waive your right to a speedy trial,” Walker told a shackled Allmon.
In custody under a $30,000 bond since his arrest last December, the defendant agreed to reschedule the trial to Jan. 5. A court official said the new charges were not contained in the case file.
The prosecution could withdraw the original indictment and re-file the amended charges against Allmon, but the entire timeline of the case would restart, Walker warned.
Court records reveal the alleged victim is an 8-year-old girl, and the incidents in question occurred over a two-week period at Allmon’s home in June 2013.
Records reveal the defendant was convicted in New Mexico on charges of false imprisonment and sexual assault of a minor in 2008.
tbaker@cortezjournal.com