A New Mexico filmmaker who pleaded guilty to obstruction of telephone service, a misdemeanor, will serve 12 months of probation on a deferred judgment, meaning the case will be wiped from his criminal record if he successfully completes the terms of his probation.
Kody Dayish, a 30-year-old from Shiprock, must also comply with a protection order and can’t contact the victim, who did not appear in court.
Dayish last appeared in court on June 26, where he accepted a plea agreement with the 6th Judicial District Attorney’s Office.
Dayish was originally arrested on suspicion of sexual assault, but the charges were dropped by the District Attorney’s Office for insufficient evidence to prove the case beyond a reasonable doubt, said prosecutor Russell Connelly. Dayish was later charged with false imprisonment, but that charge was dropped as part of his plea agreement.
Dayish was arrested March 3 after police investigated an incident that took place the previous night at the Best Western Plus Rio Grande Inn, 400 East Second Ave.
According to the arrest affidavit, Dayish and the victim attended the Durango Independent Film Festival, where he was showing one of his films. The two returned to the hotel room, where the woman modeled for a photo shoot with Dayish.
The two went out for a couple of drinks afterward and returned to the hotel room where Dayish continued to drink. Dayish offered to let the woman stay in his hotel room, and she agreed, the affidavit says.
The woman told police that she laid down on one bed and expected Dayish to lay on the other bed, but Dayish went to her bed and laid next to her and began to undress her and touch her inappropriately, according to the affidavit.
She told Dayish she did not want to engage in sexual activity, but he continued to undress and touch her as he took off his own clothes, according to the affidavit.
The two later went into the bathroom to “talk about what happened,” according to Dayish. The woman told police Dayish took her phone from her and hid it.
David Greenberg, Dayish’s attorney, argued that Dayish hid the cellphone because he was worried she would call her boyfriend and wanted to avoid a confrontation. Greenberg told La Plata County Judge Dondi Osborne the victim left the room multiple times to get water in the lobby and could have called police or her boyfriend using the lobby’s phone or the working phone in the hotel room.
Dayish eventually left the room, and the victim found her phone in between the mattresses. She contacted police shortly thereafter.