Comments Off on Homeless man to stand trial for sex assault

A homeless man accused of sexually assaulting two Fort Collins women after sneaking into their homes could spend the rest of his life in prison, because a district judge on Friday bound all 13 charges over for trial.

Herbert Daily, 38, remains jailed with bond set at $475,000. He was arrested in February at the Book Ranch, an adult novelty store, on suspicion of possessing methamphetamine and hypodermic needles, as well as one of the sexual assaults.

In the alleged Feb. 8 sexual assault, in the 600 block of Remington Street, the suspect – a stranger – had appeared next to the 20-year-old victim in her bed, Fort Collins Police Detective Jaclyn Shaklee testified at the preliminary hearing Friday.

The intruder said he had a knife, and he ordered her to perform oral sex, before he took off her clothes. He told her that because she was cooperating, “he was going to keep her from getting raped,” Shaklee said.

But the woman said “a switch was flipped” in the intruder, and he put a pillow over her head and raped her, threatening to “slit her throat and leave her corpse to rot,” Shaklee said.

“She thought when the switch flipped that he was going to kill her,” Shaklee said.

The intruder then forced the victim to take a shower to “wash the DNA off,” she said.

Analysis showed DNA evidence connecting Daily to samples taken from the women, and the one in the Feb. 8 case positively identified him in a line-up.

“She was very shocked and said, ‘That’s 100 percent him,'” Shaklee said of the alleged victim.

On cross examination, Shaklee told public defender Erin Richmond that the woman said she “saw him clearly.”

She also said the alleged victim was “80 percent sure” that another man could have been the assailant.

“We had so many leads,” Shaklee said.

The other victim, a 23-year-old, was allegedly raped by a stranger in the 300 block of East Plum Street on Jan. 23. In that case, the woman did not initially believe that she was sexually assaulted. But an examination at the hospital later revealed DNA matching Daily, according to court testimony.

The latter woman had been drinking alcohol that night. She said personal items had been stolen from her apartment, according to testimony from Detective Siobhan Jungmeyer.

Charges against Daily include five counts of sexual assault by overcoming the victim’s will, possibly with a weapon, all of which are Class 2 felonies punishable by up to 24 years in prison – or more, depending on the circumstances.

Other counts include second-degree kidnapping, another Class 2 felony, as well as lesser felony charges of first-degree burglary, felony menacing, sexual assault with a helpless victim, and more, according to Colorado court records.

Daily is scheduled for arraignment June 24.

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