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Former officer deemed indigent, will get defender

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Monday, Feb. 9, 2015 4:12 AM

Editor's Note: District Attorney Will Furse filed a motion on Feb. 6, 2015, to “dismiss the case  (against Ryan Carter) without prejudice.” The court granted the request on Feb. 6. Click here for the updated story.



Despite posting a $100,000 bond, a former police officer charged with child sex crimes has been found indigent, meaning that he can retain his court-appointed attorney.

A Montezuma County court clerk has confirmed that Ryan Carter, 29, of Cortez, was ruled eligible for a public defender after a financial investigation by the 22nd Judicial District’s Public Defender’s Office in Durango. Montezuma County Court Judge JenniLynn Lawrence approved the measure on Sept. 5.

District Attorney Will Furse filed a 31-page motion on Aug. 18, requesting the court to make a determination of Carter’s “indigency.” Katherine Whitney, Carter’s court-appointed attorney, said it was customary for the public defender’s office to remain on cases when defendants lose their job because of criminal charges.

While incarcerated, Carter sent a jailhouse resignation letter to the Cortez Police Department on July 24. He posted the $100,000 bond two days later.

Hired by the police department in 2011, Carter is charged with eight felony child sex crimes. A preliminary hearing is set for Nov. 5.

The charges against the former lawman include a pattern of abuse by the defendant, who was in a position of trust over a victim less than 15 years old. The alleged offenses occurred over a four-week span this summer. Carter has denied the allegations.

Court records reveal Carter has been on the wrong side of the law before, pleading guilty to harassment as an act of domestic violence in 2007. The misdemeanor charge was dismissed after he completed two years of probation.

State law allows defenders to charge $80 per hour on felony charges similar to those in question. The maximum reimbursement for a public defender is $28,000 if the case involves a jury trial or $14,000 without a trial.

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