Atkinson pleads not guilty

Circuit court bond upheld

Jess Oaks
Posted 10/18/24

GOSHEN COUNTY – On Wednesday, October 16, Judge Edward Buchanan called the Eighth Judicial District Court to order where Andrew Atkinson pled not guilty to a handful of charges resulting from …

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Atkinson pleads not guilty

Circuit court bond upheld

Posted

GOSHEN COUNTY – On Wednesday, October 16, Judge Edward Buchanan called the Eighth Judicial District Court to order where Andrew Atkinson pled not guilty to a handful of charges resulting from an assault in August as well charges from an eight-year offense of burglary and an additional assault. 

The 27-year-old Goshen County resident appeared alone at the defendant’s table as his attorney, Joe D. Bustos, was granted permission to attend the hearing via Zoom. Prosecuting attorney Eric Boyer represented the State of Wyoming in case numbers 2024-24, 2024-25 and case number 2024-26.

Buchanan drew attention to three separate dockets with three separate information alleging several different charges and as the hearing began, Buchanan asked Atkinson if he was under the influence of any substances or if the defendant had any conditions which would make it difficult to understand the court proceedings to which Atkinson answered no. 

Atkinson and his attorney advised Buchanan they had received the information items and Atkinson had the opportunity to review the papers with his council. Buchanan then read the lengthy list of charges Atkinson is facing. 

 “The first information in 2024-24 alleges a single account dating back to 2016 where it alleges that you, without authority, entered into or remained in a vehicle belonging to Petra Rodriguez and took a purse that was located inside and if that were true that would be contrary to Wyoming statute 6331-A and B. That is known as burglary. It’s a felony with a maximum possible punishment of up to 10 years in prison, a $10,000 fine or both and that’s in 2024-24,” Buchanan explained. 

Buchanan then read the single-count information in 2024-25 from 2016 allegedly Atkinson ‘caused bodily harm’ to a person who would meet the State of Wyoming’s definition of a ‘household member’ by applying pressure to the neck or throat, impeding normal breathing and circulation which is in violation of Wyoming State Statue 6-2-509(a)(i)(b). The charge carries a maximum penalty of up to five years, a $10,000 fine or both.

“In 2024-26, Mr. Atkinson, that’s a four-count information. Count one alleges that on or about August 8, 2024, that you did intentionally or knowingly cause bodily harm to Natalie Blaise under certain circumstances in Goshen County by punching her in the face multiple times with a closed fist, hitting her in the head with a handgun and being knocked unconscious, disfigured and receiving some staples and sutures,” Buchanan said. “If found to be true, that would be in violation of Wyoming statute 6-2-502(a)(ii). It’s a felony known as aggravated assault and battery with a maximum possible penalty of ten years in prison, fine up to $10,000 or both.” 

“Count two alleges on or about August 8, 2024, another count alleging that you caused or attempted to cause bodily injury to another intentionally, knowingly or recklessly under circumstances manifested in extreme indifference to the value of human life. Specifically, to intentionally or knowingly cause bodily injury to Natalie Blaise by kicking her in the face and chest area after she was told to exit a vehicle located in Goshen County,” Buchanan explained. “She was later admitted to the hospital for medical care for the injuries she sustained.”

The felony contrary to Wyoming State Statue 6-2-502(a)(i), aggravated assault and battery carries a maximum penalty of ten years in prison, a $10,000 fine or both. 

Buchanan then read an additional charge of felony applying pressure on the throat or neck of a household member contrary to Wyoming State Statue 6-2-509(a)(i) (2) resulting from the August 8, 2024, incident which is punishable by a maximum penalty of ten years in prison, a $10,000 fine or both. 

“Count four alleges on or about August 8, 2024, that you, being an adult, did intentionally or recklessly inflict physical injury upon a child under the age of 16 years of age. Inflicting physical injury as that term is defined by Wyoming law during an alleged attack in Goshen County upon Ms. Blaise where she was attempting to flee, and you caused her to fall to the ground. After handing the child back to Ms. Blaise you proceeded allegedly to shove them both to the ground and during the course of those events, the minor child received lacerations to the forehead and head,” Buchanan explained. “If that were to be found true, that could be contrary to Wyoming statute 6-2-503(b)(i), again a felony child abuse with a maximum possible penalty of ten years imprisonment, $10,000 fine or both.

Buchanan then asked Atkinson if he understood the charges against him as well as the penalties associated with the charges. 

“Yes, Your Honor,” Atkinson responded. 

Buchanan advised Atkinson of his connotational rights where Atkinson was advised he had the right to pled guilty, not guilty, not guilty by reason of mental illness or no contest, under certain circumstances. Atkinson was also advised he had the right to a speedy, public, trial within 180 days from Wednesday, October 16 where Atkinson had the right to obtain counsel. 

Atkinson told Buchanan he had time to speak with his attorney about the hearing. 

Buchanan also reminded the defendant he was innocent until proven guilty, noting the state had the burden of proof beyond a reasonable doubt. Buchanan explained Atkinson had the right to cross-examination and he was able to use the court process to obtain court subpoenas to supply witnesses and physical evidence at trial. 

“You also have the right to remain silent, which means you don’t have to testify. You can never be compelled to testify or answer questions or make any statements either in or out of court, Mr. Atkinson so long as you maintain a plea of ‘not guilty.’ And at the trial, the jury would be instructed to draw no influence from the fact that you chose not to testify and that it could not consider the fact that you did not testify in any way during its deliberations,” Buchanan explained. “Now by the same token, you could choose to testify on your own behalf. That would be a decision that would be yours and yours alone, of course with consultation of counsel. You just need to know that if you choose to testify at your own trial you’d be treated like any other witness.” 

Buchanan explained should Atkinson testify, he would be cross-examined by the State of Wyoming, under the penalty of prudery.

“Finally, Mr. Atkinson, If you are convicted at trial, you will have the right to appeal the jury’s finding of guilt as well as any subsequent sentence to the Wyoming Supreme Court. Do you have any questions about your constitutional rights?”

“No, Your Honor,” Atkinson responded. 

“Mr. Bustos, what are Mr. Atkinson’s intentions today?” Buchanan asked.

“Your Honor, as to every count on the 26 docket, actually docket 25 and 24, Your Honor, we ask the court accept a plea of not guilty,” Bustos said.

“Mr. Atkinson, the court will enter your ‘not guilty’ pleas as to all counts contained in each of the dockets here in 2024, 2024-24, 2024-25 and 2024-26. The court will issue what is called a ‘criminal case management order’ setting your trial within 180 days of today’s date, as I told you,” Buchanan explained. “Within that criminal case management order, there will be a number of dates leading up to the trial date that Mr. Bustos will be in touch with you to discuss as there is much work to be done between now and then.”

When asked, Boyer had nothing further to add to the hearing Bustos on the other hand spoke to the court about his client’s bond. 

“If I may address bond, You Honor?” Bustos asked. 

Buchanan gave Bustos a moment to express his intention to seek a lower bond which was denied by Buchanan after Boyer provided a rebuttal argument. 

“May I please the court and counsel?” Boyer began. “Your Honor, the bonds in these three cases are going from oldest to newest, (dockets 2024-) 24-26; $20,000 cash only in (docket) 24, $40,000 cash only in (docket) 25 and $160,000 in (docket) 26 and I suggest that that is pretty obliviously due to the severity of the allegations at hand and the fact that Mr. Atkinson was literally on the run for eight years after those first two dockets were filed in circuit court. He is an extreme flight risk but the allegations make it crystal clear he poses an extreme danger to the community,” Boyer continued. 

Boyer reminded the court of the severity of the injuries sustained by the victim. 

“He (Atkinson) is described by his counsel is a young man who has lived in Goshen County his whole life, I suggest is extraordinarily tough to hide out for eight years in Goshen County without being found, without a pretty significant, intentional, series of acts to accomplish that and that’s certainly a risk the state and the public can’t take,” Boyer said. “The most recent of the three documents describe two counts of aggravated assault.”

Boyer explained the allegations were horrific. 

“The victim, being his ex-girlfriend and the mother of his child, it wasn’t clear to the responding personnel that she would initially survive as you mentioned, she had a number of staples and other things and she had to have a drain tube put in her lungs and so forth,” Boyer said. “That was an absolutely horrific series of events not only involving a minor child but the defendant’s minor child.” 

Boyer also expressed one of the eight-year-old charges of strangulation of a household member was from allegations of Atkinson “strangling another girlfriend”.

“The incidents all together make it crystal clear, I suggest, that Mr. Atkinson poses an extreme danger to the community and an extreme flight risk and the state suggests that the circuit court imposed appropriate bond amounts,” Boyer explained. “And we ask that those bonds be continued.”

Although Buchanan stated there was no proof Atkinson was “on the run” as Boyer presented, Buchanan upheld the circuit court bond. 

“The court, before coming in, reviewed the bond and the conditions as set by the circuit court, as everybody has argued factors are really about securing the appearance of the defendant as required as well as considering the safety of any other person and the community at large. Reading over the documents today and reading the allegations as I read them to Mr. Atkinson this afternoon, the court considers the nature and circumstances of the offenses as charged and rule specifically requires that I consider whether or not the allegations are alleged crimes of violence and certainly these are allegations of violence. Also, the court considers the weight of the evidence, just as a preliminary matter and obviously, the weight of the evidence is more than less at this point,” Buchanan explained. 

Buchanan explained, due to the severity of the allegations Atkinson is facing, there was a concern for the safety of the victims in the case as well as the general public. 

“The circuit court considered all of that and put a number of conditions upon you, Mr. Atkinson, again, to determine whether your released and under what conditions you could be released would reasonably assure your appearance at court proceedings and how it will affect the safety of other persons or the community at large,” Buchanan said. “All of this is a long way of stating that the court reviewed the factors under rule 46.1 and finds that the bond and its conditions in each of these dockets remain appropriate to serve the purposes of the rules. The court will decline to amend your bond and it will remain the same under the same terms and conditions as previously set by the circuit court.”

Court stood in recess.