Cortez Journal

Man pleads innocent to sexual assaults

May 20, 2000

By Matt Gleckman
Journal Staff Writer

At an arraignment hearing Thursday in District Court in Cortez, Kevin Arlen Kartchner, 21, of Dolores, pleaded innocent to charges of sexually assaulting two young girls following an alcohol-saturated party in March.

Kartchner remained in jail for 27 days following his advisement March 31 in Montezuma County Court on charges that included first-degree sexual assault on a helpless victim, a Class 3 felony, and sexual assault on a child, a Class 4 felony.

Deputy District Attorney Katy Cabot said that, according to Colorado law, a "helpless" victim is one who is considered to be physically defenseless.

"It is usually applied in cases where there is intoxication," Cabot said.

A District Court clerk in Cortez said that the suspect was released from jail after posting a $50,000 bond on April 26.

Cabot said, however, that a restraining order was issued against Kartchner on April 17. "(Kartchner) is restrained from being in the home of the victims or anyplace they are likely to be found, from contacting them directly or indirectly, from possessing a firearm or other weapon and from consuming alcohol or controlled substance," said Cabot.

An affidavit by Montezuma County Sheriff’s Det. Steve Harmon requesting a warrant for Kartchner’s arrest states that the girls, one middle-school age and one high-school age, were both reported missing on March 28, the night of the party.

Kartchner, described as 6-foot-2-inches tall and weighing 185 pounds, is accused of having intercourse with the younger girl against her will and then of having intercourse with the older girl, who appeared unconscious, while the younger girl went to call for help, according to the affidavit.

The affidavit states that the younger girl told Harmon that Kartchner had driven them from the party to his residence on County Road 27, purportedly to get coffee for the older girl, who was extremely intoxicated.

The girl told Harmon that instead, Kartchner took them to a room containing only a bed and a tool box where he proceeded to undress and sexually assault her.

The girl then left the room apparently to summon help, the affidavit said, and when she returned Kartchner was "having his way" with the other girl.

When the mother of the older girl arrived with police at Kartchner’s residence a short time later, she saw the suspect standing in his residence wearing only underwear and socks, the affidavit said. The mother said that the girls and Kartchner were the only people at the residence, according to the affidavit.

The older girl’s mother picked out Kartchner’s picture from a photo lineup and both alleged victims chose his picture as one of two possible suspects, the affidavit said.

Kartchner’s trial is scheduled to begin on Sept. 18, Cabot said.

If convicted, Kartchner could face up to 16 years in prison for the Class 3 felony, and eight years in prison for the Class 4 felony.

Copyright © 2000 the Cortez Journal. All rights reserved.
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