Prosecutors fear deportation of Rifle man charged with sexual assault
December 14, 2018
UPDATE Jan. 10:
The Colorado Ninth Judicial District issued a bench warrant for Jose Solis-Coyado, accused of sexual assault, for failing to appear in court Thursday. It's unclear whether Immigration and Customs Enforcement (ICE) officers have detained him.
On Dec. 13, a Ninth Judicial District judge declined to raise the cash bond for a man charged with sexual assault, who prosecutors fear will be deported if he is released on bail.
Jose Solis-Coyado, 35, was charged with sexual assault for allegedly forcing himself on the baby sitter for his 4-year-old son. Prosecutors argue the defendant is a flight risk, and also wanted to raise the bond from $25,000 to $100,000 to ensure that Solis-Coyado would not be deported.
According to Ninth District Deputy District Attorney Sarah Nordgaard and the defense attorneys, Solis-Coyado, born in Guatemala, could be picked up by federal Immigration and Customs Enforcement (ICE) officers and processed for deportation as soon as he is released from prison, which would put him out of reach of the court.
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Nordgaard said the alleged victim is working with prosecutors, and wants the case to go forward, which would not happen if Solis-Coyado posts bail and is arrested by immigration authorities.
Defense attorney Lucy Laffoon said it is all but certain Solis-Coyado would be deported, but that holding him on such a high bond violates his rights. He has been separated from his son, who is now in foster care, she said.
Laffoon said that if Solis-Coyado is deported, he would likely be killed in Guatemala. Solis-Coyado applied for asylum in the U.S., but will not receive it, Laffoon said.
Judge John Neiley declined to raise the bond as prosecutors requested. At the current $25,000, Solis-Coyado's bond is already five times higher than the recommended bond, Neiley said. Judges refer to bond guidelines based on factors like flight risk, severity of the crime, criminal record and history of court appearances. Solis-Coyado has consistently made his court appearances, Laffoon said.
According to an affidavit, the alleged victim arrived at Solis-Coyado's home in Rifle around 5 a.m. Oct. 2 to baby sit the 4-year-old while Solis-Coyado went to work. The baby sitter had watched the boy once before, on the previous Saturday, while Solis-Coyado attended an all-night party.
The baby sitter told officers Solis-Coyado wanted to talk to her when she arrived to watch the child, and got into her van while she drove to a parking lot. Once there, Solis-Coyado allegedly began kissing her. She said she refused, but claims he climbed on top of her and forced himself on her, according to the affidavit.
The alleged victim then offered to drive Solis-Coyado to his place of work, but he refused, according to the affidavit. She then took Solis-Coyado's son and called the Rifle Police Department.
Two Rifle Sexual Assault Nurse Examiners examined the alleged victim and found bruising on thighs, on her arm, back, knee and calves, consistent with her story, according to the affidavit.
Police took Solis-Coyado's son from the preschool, where Solis-Coyado is listed on paperwork as the father, to the Department of Human Services, fearing that the suspect would flee if he had his son. Solis-Coyado was arrested the evening of Oct. 2, and did not resist arrest. The son is currently in foster care, according to prosecutors.
After signing his Miranda rights form, Solis-Coyado told police that he did have sex with the alleged victim, but that the sex was voluntary. Solis-Coyado suggested that perhaps the alleged victim reported him because she had mental problems or wanted to help her own immigration case, according to the indictment.
According to the affidavit, Solis-Coyado has a number of aliases, including Carlos Rodriguez.