by Eric Mullens
WALSENBURG — Although it has been months since the last disposition hearing in the sexual assault case against a former Huerfano Sheriff’s captain, the case was not disposed of during a disposition hearing Friday, February 10, in district court here.
The defendant, Kevin Vallejos, appeared, along with his attorney, prosecuting attorneys, and the judge via a telephone conference call once again. Other than an appearance in person following his arrest in late August 2016, the defendant and the other principals in the case have all appeared telephonically in the felony case investigated by the Colorado Bureau of Investigation.
Vallejos remains free on a $100,000 bond on charges of sexual assault by one in a position of trust (victim under the age of 15 years; a class three felony) and attempted sexual assault (overcoming a victim’s will; a class five felony).
The charge in count one stems from allegations made in 1998 while the charge in count two are from an allegation made in May 2016.
Theodor McClintock, Vallejos’ defense attorney, Judge Richard V. Hall, and special prosecutors Jack Roth of the state attorney general’s office and Larry Bullock, 16th Judicial District Attorney, all appeared in the conference call last Friday.
The prosecution told the court, in just the past week they had tendered a plea offer to the defendant and the defense told the court they were still in the process of reviewing the offer and going over the ‘great deal’ of discovery evidence in the case. The last disposition hearing was held on Wednesday, November 23, 2016. The defense told Judge Hall they would need another 30 to 45-days to review the plea.
Prior to his arrest Vallejos had been placed on paid administrative leave from the sheriff’s office while the allegations were being investigated. His employment was later terminated by Sheriff Bruce Newman and not long after, he was arrested at his Walsenburg home by state and local law enforcement agents.
No details of the allegations against Vallejos have been made available to the public. Last year Vallejos waived his right to a preliminary hearing, a portion of a criminal proceeding in which the prosecution ‘makes its case’ to have the charges bound over. During the preliminary hearing most prosecutors call few witnesses and rely mainly on the material presented in an affidavit for an arrest warrant that led to the charge(s) and arrest, if approved and signed by a judge of the judicial district. That information has never been made public as the CBI requested early on in the case that it be sealed by the court.
The next disposition hearing in the case has been set for 1:30 pm, Friday, March 17, 2017.