A Dolores man charged with assault and false imprisonment in early January was back in court Wednesday for failing to appear in court to apply for a public defender and violating a protection order that restrained him from the victim.
Erik Genaw, 30, faces four counts in Montezuma County Court, including third-degree assault against an at-risk adult, a Class 6 felony, and false imprisonment. In Colorado, an at-risk adult is defined as an adult with a disability. Penalties are higher for crimes committed against at-risk individuals.
According to a Cortez police report, the male victim in the case told officers that Genaw had forced him to sit in a chair inside a trailer at Orchard Trailer Court in Cortez, prohibited him from drinking water and repeatedly punched him in the face while forcing him to keep his hands behind his back around Dec. 23. The victim’s mother told officers that her son has schizophrenia.
Genaw was arrested Jan. 6. Two days later, Genaw signed a mandatory criminal protection order, prohibiting him from having any contact with the victim. The criminal protection order expires Jan. 7, 2021.
Deputy District Attorney Jeremy Reed on Wednesday said Genaw was arrested for violating the criminal protection order after he was found with the victim. Reed requested an increase in Genaw’s bond.
“It appears a high cash bond would be appropriate,” he said.
Genaw’s public defender, Jonathan Jourdane, claimed that his client was confused by a story in The Journal that reported that the temporary protection order was vacated.
Both Genaw and the victim were scheduled to appear in court on Jan. 18 for a civil protection order hearing. Neither party showed up at 10 a.m., so Lawrence vacated the civil protection order..
“That was accurate reporting,” Lawrence said Wednesday. “Mr. Genaw should you ever wonder again — The Cortez Journal doesn’t have the jurisdiction to vacate my criminal protection orders.”
Lawrence explained that the civil protection order was vacated because no one showed up in court, but Genaw had no reason to believe that the mandatory criminal protection order he signed was vacated.
Jourdane then asked the court for personal recognizance bonds, which would let Genaw out of jail without putting up any money. He said Genaw has limited criminal history and wants to start his own handyman service in Durango.
Lawrence ordered Genaw’s bond in both the original case and the protection order case at $500 cash or surety. She asked Genaw if he had any questions about the criminal protection order. He said he understands that he cannot see the victim.
“I was confused,” Genaw said in court from a video feed from Montezuma County Detention Center. “My bad.”
