Prosecutors said Friday they plan to retry a Durango man suspected of sexual assault after jurors failed last month to reach a unanimous decision.
Prosecutors request new sex assault trial in Durango
Devin Bond, 22, appeared Friday in District Court in Durango, where Deputy District Attorney Sean Murray said he plans to retry the case. A six-day trial is scheduled for Oct. 7 before District Judge William Herringer.
Bond is accused of sexually assaulting a woman in October 2017, causing submission by overbearing her will, a Class 2 felony.
He faces a minimum of 16 years in prison but could spend the rest of his life behind bars if convicted of the felony sexual assault charge. A 12-person jury that sat through about five days of testimony was “hopelessly deadlocked,” Herringer said before he declared a mistrial May 21.
Herringer released Bond from jail after declaring the mistrial.
Katie Whitney, a defense lawyer for Bond, told Herringer on Friday her client has a couple of jobs that require him to travel out of La Plata County. She asked that Bond’s ankle-tracking device be removed. Bond wore gray jeans to court Friday that covered what appeared to be a GPS device above his left sneaker.
Law enforcement accused Bond and a couple of friends – James Zink and Anthony Fitts – of driving a woman around Durango and forcing her to perform sex acts at gunpoint.
Fitts pleaded guilty to second-degree assault and two charges of attempted sexual assault. He was sentenced to six years in prison but was released in May after the alleged victim offered testimony at Bond’s trial that cleared Fitts of wrongdoing.
Zink, who allegedly racked the shotgun during the sexual assault, pleaded guilty and is serving a 14-year prison sentence for sexual assault.
