Domestic case seeks additional charge

Change of plea entered after accusing judge of unlawful questioning

Jess Oaks
Posted 1/17/25

GOSHEN COUNTY – On Monday, January 13, Jose Bustos, Andrew Atkinson’s legal counsel, entered a motion to set a change of plea hearing in the District Court of the Eighth Judicial District …

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Domestic case seeks additional charge

Change of plea entered after accusing judge of unlawful questioning

Posted

GOSHEN COUNTY – On Monday, January 13, Jose Bustos, Andrew Atkinson’s legal counsel, entered a motion to set a change of plea hearing in the District Court of the Eighth Judicial District of Goshen County. The Honorable Edward A. Buchanan, judge, granted the motion and set the new hearing for Wednesday, January 29, at 2 p.m. 

Currently, Atkinson (27) faces a slew of charges, some as old as 2016. He is also facing the additional charge of felony property destruction with a maximum penalty of 10 years imprisonment, a $10,000 fine or both. 

According to court documents, the Goshen County man was already wanted when an additional arrest warrant was issued for him in August 2024. The 2016 warrant read Atkinson would face charges of one count of applying pressure on throat or neck, a simple felony, and one count of burglary. On August 12, 2024, the additional warrant for Atkinson was issued by the Eight Judicial District Circuit Court of Goshen County for two counts of aggravated assault and battery, one count of strangulation of a household member and one count child abuse, according to court records. The 2024 charges were from an incident which occurred on or about August 3 court records indicate. 

According to the affidavit of probable cause filed in August, Goshen County Sheriff, Kory Fleenor, with the Goshen County Sheriff’s Office received a call from a social worker regarding a potential domestic violence victim on Sunday, August 4 at approximately 9:29 a.m. Records indicate the incident took place on Saturday, August 3, between Atkinson and the mother of his child, Natalie Blaise. Both Blaise and her minor child were transported to Banner Health Emergency Room in Wheatland. Blaise was later transferred to a higher level of care at Cheyenne Regional West Medical Center, the affidavit explained. 

Court documents explain Atkinson and his child’s mother were attending a party in Lingle, which they left around 8 p.m. The vehicle they left in was seen parked at a local business for a “brief period at which time he stated to have a verbal argument with Blaise,” the affidavit explains. The affidavit states Atkinson then assaulted Blaise by pulling her hair and “yanking” her around before the vehicle accessed a field off Wyoming State Highway 157. Once stopped, Atkinson reportedly punched Blaise in the face multiple times with a closed fist and hit her in the head with a 9mm handgun. Records further indicate Atkinson placed his hands around Blaise’s neck and strangled her for approximately 10 seconds, causing her to lose consciousness for a second time. Blaise was able to free herself from Atkinson, the affidavit explains, and with the minor child in her arms, she exited the vehicle and attempted to run towards an outbuilding in the distance. The affidavit further explains Blaise tripped many times allowing Atkinson to catch up to her. Atkinson took the child from Blaise and Blaise followed back to the vehicle where Atkinson gave her the child again. Atkinson then drove with the pair to another location where he once again assaulted Blaise, the affidavit notes. 

“Due to the incident, Natalie Blaise sustained a puncture/collapsed lung as well as bruising and lacerations to her entire body to include her feet. Blaise had two black eyes that were almost swollen closed. Blaise’s face was also bruised with hematomas that caused her face to appear disfigured,” the affidavit reads. “Blaise received 15 staples and four sutures in her head due to being stuck by the firearm and fists of Atkinson. A chest tube was also placed in her lung due to being forcible struck and kicked in the chest by Atkinson.”

A warrant was then issued for Atkinson on August 12, 2024, where Atkinson turned himself into the Goshen County Detention Center on Tuesday, August 20. On Wednesday, October 16, Atkinson pled “not guilty” to one count of a felony aggravated assault and battery, one count of felony applying pressure on the throat or neck of a household member, another count of causing or attempting to cause bodily injury to another intentionally, knowingly or recklessly and one count of intentionally or recklessly inflicting physical injury upon a child under the age of 16 years of age. The trial was to be set within 180 days of October 16.

“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 in October. “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.”

During the October proceedings, Bustos asked the court to consider setting a lower bond which was denied. Atkinson remains at the Goshen County Detention Center. 

In November, a new charge was filed against Atkinson of one count of property destruction. 

According to an affidavit of probable cause dated September 4, 2024, Fleenor was contacted by the Goshen County Task Force. 

“I was advised during a protection order hearing between Natalie Blaise (petitioner) and Andrew Atkinson (respondent) that Judge Hibben (circuit court judge) ordered Atkinson to return items that belonged to Blaise that she stated he had in his possession,” Fleenor swore in the document. “The items included firearms, two laptop computers, one cell phone and one iPod. Atkinson advised the judge that he had destroyed the items already.”

According to the affidavit, the items were valued at $1,450. A preliminary hearing was then set for November 18, which Atkinson waived through his attorney allowing the charge to proceed to trial at a date to be determined. On November 18, the charge of one count of property destruction was bound over to district court where Atkinson entered a plea of “not guilty” on December 2.

On December 19, Bustos filed a motion to suppress statements where he accused the circuit court judge, Hibben, of acting outside of his judicial scope of practice in the August 26, 2024, protection order hearing between his client, Atkinson, and Blaise.  

Bustos claimed in the motion, Hibben had no authority under Wyoming State Law to question Atkinson about the destruction of Blaise’s property in the August hearing as the law clearly individually defines a peace officer and a judge as two separate entities. Bustos noted a judge is defined in the Wyoming Code of Judicial Conduct.

“A judge is not a peace officer and not a member of a law enforcement unit. A judge does not have the authority to investigate suspected criminal activity…,” Bustos said in the four-paged document. “When the judge [Hibben] asked Mr. Atkinson about the whereabouts of Ms. Blaise’s property, the questioning amounted to him investigating possible activity that he was aware might led to further criminal charges. This is outside the scope of his authority as a judge.” 

Bustos noted, at the time of the hearing, Atkinson was in jail and he was not free to leave when he was asked the questions and he should have been advised of his rights under Miranda and/or been allowed to have counsel before answering. 

“Mr. Atkinson was in custody at the time he made the statements about what he had done with Ms. Blaise’s property. He was not Mirandized prior to making the statements. Pursuant to the above-cited authority, the Fourth Amendment to the United States Constitution and Article 1 Statue 4 of the Wyoming State Constitution, any evidence stemming from his statement was obtained illegally and thus cannot be used as evidence in a criminal case,” the motion to suppress statements explained. 

On January 10, the state, presented by Goshen County Attorney Eric Boyer, filed a response to Bustos’ motion to suppress statements. 

“In this case, the statements from the defendant made did not stem from a custodial interrogation of the defendant, and thus Miranda and its progeny do not apply to limit the use of the statements by a party opponent in this criminal context,” Boyer explained. 

An order to set a change of plea hearing was filed on January 13 where counsel will propose a plea agreement to the court. 

According to Boyer, the proposed agreement calls for Atkinson to plead guilty to three felonies, one count of strangulation for the 2016 case and one count of aggravated assault and battery and one count of child abuse for the 2024 case. 

“…to resolve both cases, exposing him to [a] max of 30 years’ incarceration, but all tentative unless/until he goes thru with change of plea and judge accepts [the] agreement, at [the] change of plea hearing,” Boyer explained.