Assault case goes to district court

Jess Oaks

GOSHEN COUNTY – Last week, the charges against a Goshen County resident, Andrew Atkinson, were upgraded to the felony level in District Court and additional charges were added. The 26-year-old man turned himself in on August 20 after a warrant was issued for his arrest on two counts of aggravated assault and battery, one count of strangulation of a household member and one count of child abuse.

New charges were filed in Goshen County’s Eight Judicial District Court on Wednesday last week, with Atkinson now charged with one count of aggravated assault and battery with a deadly weapon, one count of aggravated assault and one count of applying pressure to the neck or neck Neck Abuse and a Child Maltreatment: Response to Wellbeing (Bodily Injury).

The numerous charges stem from an Aug. 8 incident in which Atkinson “intentionally or knowingly caused bodily harm to another person,” according to court records. The child abuse charge was also a result of the incident in which Atkinson “as an adult intentionally or recklessly inflicted physical injury on a child under 16 years of age,” the documents state.

According to the August warrant affidavit of probable cause, the Goshen County Sheriff’s Department was notified of a potential domestic violence victim. Court records show the incident occurred Aug. 3 between Atkinson and the mother of his child, Jane Doe. Doe was treated for the following injuries: a punctured/collapsed lung, bruising and lacerations throughout his body, according to court records. including her feet, two black eyes, facial bruising and hematomas that make her face appear disfigured. She also received 15 staples and four stitches to her head from being hit by a gun and Atkinson. The minor child was treated for cuts to his forehead and head.

Atkinson initially appeared in court alongside his defense attorney, Joe D. Bustos, after surrendering on August 22, where bail was set at $160,000.

On August 21, a motion for reasonable bail was filed with the court, in which Bustos stated that he had recently been retained as counsel for the defendant and that he was having difficulty accessing his client’s records. The defendant, through his lawyer, also requested from the court “an appropriate bail, be it a small amount, a percentage and/or as a surety.”

“Lawyer Bustos tried [to] “To seek information regarding the defendant’s case(s) through the district court, detention center and district attorney in good faith in order to clarify any bond issues or possibly clear up any misunderstandings to no avail,” the motion states. “The clerk of court did not provide case information and referred the attorney to his local court’s computer terminal, and the county prosecutor’s office was essentially unresponsive.”

Bustos noted that there were “some delays” in his client’s self-surrender due to the lack of communication.

“The defendant (Atkinson) has demonstrated his intent to properly pursue these cases by retaining private counsel and turning himself in to prison. He has extensive family ties in the Torrington, Wyoming area,” Busto’s application states. “He has a limited, if any, criminal record.”

The order setting bail and conditions of release set Atkinson’s bail at $160,000 (cash only), and the notice setting a preliminary hearing ordered Atkinson to appear at 10 a.m. on August 29 appear

A motion for a continuance was filed in court on August 23, where the assistant district attorney and prosecutor requested a continuance due to a conflict of interest with another trial. Atkinson requested a waiver of a speedy preliminary hearing and a continuance order was filed in court with a preliminary hearing date of September 24th.

A bond order was presented to the court on September 24th.

“This matter was brought before the court for a preliminary hearing on September 24, 2024, and the State was represented by Assistant State’s Attorney and District Attorney Kenneth Brown, and the defendant was represented by Joe Bustos, and the court heard testimony from the witness and the court.” ,” who was fully briefed on the scene, “concludes that there is sufficient probable cause to remand the defendant to district court for further trial,” the order states.

The additional charges against Atkinson stem from a 2016 incident in which a warrant was issued for his arrest.