A New Mexico filmmaker pleaded guilty Tuesday to obstruction of telephone service, a Class 1 misdemeanor, and could face six to 18 months in jail.
Kody Dayish, a 30-year-old from Shiprock, New Mexico, was originally charged with felony sexual assault, but the 6th Judicial District Attorney’s Office dropped the charge, citing insufficient evidence.
Dayish was arrested March 3 on suspicion of sexual assault after police investigated an incident that took place the night before at the Best Western Plus Rio Grande Inn, 400 East Second Ave.
According to the affidavit, Dayish and the victim attended the Durango Independent Film Festival, where he was showing one of his films. The two returned to the hotel room, where the woman modeled for a photo shoot with Dayish.
The two went out for a couple of drinks afterward and returned to the hotel room where Dayish continued to drink. Dayish offered to let the woman stay in his hotel room, and she agreed, the affidavit says.
The woman told police that she laid down on one bed and expected Dayish to lie on the other bed, but Dayish went to her bed and laid next to her and began to undress her and touch her inappropriately, according to the affidavit.
The woman told police that she was scared and was not expecting it to happen. She told Dayish she did not want to engage in sexual activity, but he continued to undress and touch her as he took off his own clothes, according to the affidavit.
The two later went into the bathroom to “talk about what happened,” according to Dayish. The woman told police Dayish took her phone from her. Dayish told police he hid the victim’s phone because he was afraid she would call someone to “jump” him. The woman said she looked for the phone for two hours and eventually found it hidden under the mattress of one of the beds.
According to the affidavit, once the victim found her phone, Dayish left the room. She contacted police and was taken to Mercy Regional Medical Center for a sexual assault evaluation.
A sentencing hearing for Dayish will be held at 11 a.m. July 10.
