Jose S. Martinez, a 25-year-old Cortez man who was facing several third-degree felony charges for allegedly sexually assaulting an 18-year-old woman, saw those charges dismissed last Thursday after prosecutors discussed the case further with the victim.

Cortez Police Chief Roy Lane said, "Through (the victim’s) discussion with the DA’s office ... the (first-degree sexual assault charge) was dismissed and I understand that there are misdemeanor charges now."

Lane said that he was not aware of the specifics of the discussion between prosecutors and the victim.

District Attorney Mike Green said Tuesday that he could not discuss the case because it was "on-going".

In the original police report, the victim told police she was assaulted by Martinez after she went to his home with friends for a party where mixed drinks and beer were consumed.

The report said that later in the night Martinez grabbed the victim by her hand and pulled her down the hallway and into a bedroom where he proceeded to undress her and then had sex with her. The victim told police that she was crying and continually telling Martinez to stop.

Following the victim’s statement, Martinez was arrested on February 26, and held in Montezuma County Jail on a $50,000 bond.

Martinez was later charged with three Class 3 felonies including: first-degree sexual assault using physical force (the charge of violent crime-sexual offense was added as a sentence enhancer), first-degree sexual assault on a helpless victim and first-degree sexual assault — using drugs/alcohol.

Under Colorado Law, first-degree sexual assault is defined as unlawful sexual intrusion or penetration through physical force or violence. If convicted of such a crime, Martinez could have faced up to 12 years in prison and a $750,000 fine.

According to the charging report, Martinez also faced a fourth-degree felony charge for second-degree sexual assault-penetration.

The police report said that Martinez denied having any contact with the woman the previous night after he was located at his ex-wife’s apartment on February 26. Martinez also denied that he lived at the residence where the party had been held, the report said.

Following further discussions between the victim and Green, the felony charges against Martinez were dismissed by the Montezuma County District Attorney’s Office.

Martinez now faces charges of providing alcohol to a minor — a Class 2 misdemeanor — and third degree sexual assault — a Class 1 misdemeanor.

According to Colorado law, third-degree sexual assault is defined as any sexual contact where the victim does not consent, the victim is incapable of appraising the nature of the actor’s conduct or the victim is physically helpless.

If convicted of the misdemeanors, Martinez could face up to two years in the Montezuma County Jail.

Martinez has pleaded innocent to both misdemeanor charges, according to the charging document.