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Accomplice gets probation in assault case

Judge doesn’t like plea bargain but accepts it

An accomplice in the intoxication of a woman to the point of helplessness and in her ensuing sexual assault was sentenced Friday to 18 months probation.

Joseph Robert Toledo drew the sentence from 6th Judicial District Judge William Herringer as the result of a plea bargain. Toledo pleaded guilty to tampering with evidence, a Class 6 felony, as part of the deal.

The agreement was reached between Assistant District Attorney Christian Champagne and Kelly Richard McCabe, who represented Toledo.

The Probation Department signed onto the agreement.

According to an arrest affidavit, Toledo, then 25, and Jeffery Ray Gallegos, then 45, met a 22-year-old woman about 1 a.m. April 23, 2013, in Orio’s Roadhouse, 652 Main Ave. Gallegos told her he could find her a job as a bartender at the American Legion Hall, but she had to prove she could make drinks.

The trio went to the hall, 878 East Second Ave., where drinks were forced on the woman until she needed help walking. A surveillance camera shows Gallegos fondling the woman and Toledo putting tape over the camera lens, the affidavit said.

They carried the woman to the stage where she performed oral sex on Gallegos until she passed out, the affidavit said.

Herringer appeared ready to reject the plea bargain. He said the pre-sentencing report indicated Toledo didn’t take any responsibly for the chain of events.

Toledo didn’t help his cause when he addressed the court.

“Trying to be a decent individual doesn’t mean policing the action of others,” Toledo said. “Their actions are their own and not of my concern.”

Toledo said he regrets covering up evidence, but that he’s led a clean life for 14 months during which time he’s seen the pain of family and friends.

Herringer’s response was immediate.

When a person obviously is helpless or about to be victimized, you don’t walk away, Herringer said. He said Toledo “washed his hands” of responsibility.

Tampering with evidence was too lenient a charge for Toledo, Herringer said. But he said because the plea bargain had the support of the prosecution, the defense and the Probation Department, he would accept it.

Under terms of his 18-month probation, Toledo must participate in a substance-abuse evaluation and treatment program and refrain from drug and alcohol use.

The victim wasn’t in court Friday and didn’t send a letter.

Any prosecution of Gallegos is pending.

daler@durangoherald.com



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