Judge Mary Deganhart presided over a court appearance with Austin Sullivan on the afternoon of June 26. The Forum attended court virtually by live-streaming the 7th District Division 5. Some victims, including Natalie Binder and Howard Moffett, had special access and the ability to speak.
The judge read a number of cases that Sullivan had been charged with. Those included misdemeanors and felonies related to unauthorised use of a motor vehicle, child abuse with a sexual basis, retaliation against anvictim or witness, different cases of theft, driving under restraint, and probation violations.
The defense said they had plea paperwork for a global disposition, meaning the charges be could in a sense lumped together and that Sullivan could plead guilty to all and serve concurrent sentences, rather than consecutive ones.
The judge expressed concerns about the sentencing cap being set at three years. Deputy District Attorney Chelsea Burtis discussed some of the charges, and she and the judge noted that Sullivan will have to register as a sex offender.
The victims present said they could agree to the plea, and they hoped Sullivan could reform himself, though they said they had concerns about what might happen when he was released.
In the case of Binder and Moffett, Sullivan was charged with stealing two E-bikes and a projector, the items together valued at more than $16,000.
Burtis spoke more about Sullivan’s charges being “pled down” and reduced in some ways, because of his admission of certain charges.
The judge affirmed with Sullivan that he, by nature of entering the plea, was giving up his right to trial by jury, along with his ability to face witnesses or cross-examine them, that his presumption of innocence would be gone and he wouldn’t have the ability to appeal anything.
Sullivan said he agreed and pled guilty to the charges.
The judge said she was “a little on the fence” about the concurrent sentencing and the number of charges. She said she had concerns about the nature of them and how they’d been pled down. Still, she accepted the plea.
Those in session discussed a sentencing of Aug. 20, only attorneys were scheduled for trials that day. The sentencing is now set for Sept. 8 at 9 a.m.
The defense asked for a cumulative total of a $15,000 for bond, and not a personal recognizance (PR) bond, but a surety bond. The defense said Sullivan has a history of meeting his court dates and he communicates with his probation officers. They added he would stay in the West End, living sober, until his court date. The defense said he wouldn’t bother the community and has helped older people as a handyman.
The victims expressed objections and asked the court to be mindful of the West End community’s best interest.
The defense argued that Sullivan could have a GPS unit with an exclusion zone in Naturita, or he could also live sober with a family friend in Montrose.
After some thought, the judge said she was concerned about all of the charges Sullivan picked up on his probation.
“It looks like a crime spree to me,” she said. “It doesn’t bode in favor of his bonding.”
She added he’s looking at three years in the department of corrections. She’s worried that Sullivan could commit more crimes when out on bond. As a result, she didn’t modify the bond, but left it a cash bond — what the Forum estimated, with all the charges, to be $20,000 to $25,000.
