The Durango Police Department is seeking video evidence from a confrontation at a transgender rights march held Sunday in downtown Durango that resulted in a 59-year-old Farmington man being arrested on suspicion of disorderly conduct.
Investigators say Wesley Devilbiss was eating at the outdoor patio section at Tequila’s Mexican Restaurant in the 900 block of Main Avenue when he began confronting people in the march.
Devilbiss is then accused of ripping the face mask off one woman, and throwing another woman who tried to break up the fight to the ground.
Devilbiss, who investigators say was intoxicated, continued to be belligerent when officers showed up. He was arrested on suspicion of disorderly conduct and disturbing the peace.
The Durango Police Department posted to social media Thursday that the department is looking at additional charges against Devilbiss.
“We are aware that multiple people possibly took cellphone video of the incident. If you have cellphone video of the incident, please contact Officer Connor Lowande at 970-764-5365,” the post said.
Durango police said officers spent more than an hour at the scene interviewing victims and witnesses, even making follow-up phone calls later that night.
Cmdr. Ray Shupe said previously Devilbiss was not charged with assault because there were no injuries to the victims, and he wasn’t charged with any kind of hate crime because there was no evidence he made derogatory comments.
But it appears there is an outcry for Devilbiss to be more seriously charged.
“Problem is, the evidence so far simply does not support the charges that people on social media want,” Durango police wrote on social media. “The state charge of assault does require injury. ... The officers went with the charge they knew they could articulate based on their evidence.
“The officers realized that Mr. Devilbiss would continue to be a problem, so they problem-solved and took him away from the situation and to jail. If a person that was on-scene has evidence that will support amending or adding charges, we will take a look and consider it.”
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