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Plea bargain offered in sex assault case

 Possession charges dropped against two

WALSENBURG — A plea agreement was offered in an October 2013 Walsenburg sexual assault case and charges of heroin possession were dismissed by the district attorney’s office in another case during court proceedings Thursday, November 14. Mitchell Nadeau, 36, appeared in custody in district court with public defender Patrick McCarville for a scheduled preliminary hearing in a sexual assault case. Assistant District Attorney Andrew Hall told District Court Judge Claude Appel a plea bargain had been offered in the case and the defendant was willing, at this time, to waive the preliminary hearing. Hall said full details of the plea agreement had not been finalized, but said it would see the defendant plead guilty to a class five felony sex offense and included his release from custody on a PR (personal recognizance) bond. Nadeau had been charged with class three and class four felonies and had been held in custody in lieu of a $50,000 c/s bond since October 8. Hall said the victim was in agreement with the proposed plea bargain. Arrest reports indicate the defendant and the victim were involved in an on-going intimate relationship and during a consensual sexual encounter the defendant wanted to engage in a sex act the victim refused to participate in. The victim told investigating officers Nadeau forced the act and she reported the incident to police. Judge Appel explained the defendant’s rights to a preliminary hearing and his rights to a jury trial if the plea agreement is not finalized. An arraignment date on the plea agreement charge is set for 1:30 pm Thursday, December 12. Charges dismissed Charges of possession of a controlled substance were dismissed against Alex Lopez, 27, and Robert Bevsek, 31, both of the 700 block of W. Sixth St., Walsenburg, during district court proceedings November 14. ADA Hall called both men to the court well railing separately and told them the district attorney’s office would be dismissing the charges. Both men were in court, Bevsek on an appearance of counsel and Lopez on an appearance on bond. Both had been arrested on possession of controlled substance charges on Saturday, November 2 and had initially been jailed in lieu of $3,000 bond each. Neither remained in custody at the time of the hearing on Thursday. Charges were filed after it was alleged during a probation visit to the Sixth Street residence, a Walsenburg Police Officer accompanying the probation officer, found heroin in a bedroom in the home. Reportedly Lopez told the officer the drugs were his, but both men were taken into custody. Hall told the Huerfano World Journal he was not authorized to comment on why the charges were dismissed. He said the dismissal was made without prejudice, which means the case could be refiled at a later date under a new case number. Asked if there were any lingering issues regarding either of the former defendant’s probation status, as it was reported the alleged contraband discovery was made during a probation visit to the address, Hall said “was beyond the scope of his current knowledge.”

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