Some charges dropped in Borst rape case

By Leslie Wood
Staff Writer

GALLUP — Magistrate Judge John Carey dismissed three of the five charges pending against Barry Borst on Friday in connection with a September 2004 incident where he allegedly served methamphetamine and alcohol to a 16-year-old girl.

Borst was initially charged with four counts of contributing to the delinquency of a minor and a count of illegally providing alcohol to a minor. In a pair of separate cases, Borst faces multiple counts of criminal sexual penetration for reportedly forcing two Gallup women into sex.

In Thursday's preliminary hearing concerning the contributing to a delinquency of a minor charges, Assistant District Attorney Terence Gurley persuaded Judge Carey that enough probable cause existed to bind the case, with two of its five original charges in tact, over to district court for trial.

Sgt. Scott Montoya, an 11- year employee of the department, described the search warrant that was served at Borst's 1501 W. Aztec trailer on Nov. 16. That search resulted in the finding of a sex toy inside Borst's bedroom, located in the north side of his trailer, that he reportedly asked the 16-year-old girl to use on the night of Sept. 16. However, she declined.

The girl is the sister of the woman who was allegedly raped by Borst on Oct. 18. The pair repeatedly visited Borst's residence in the weeks prior to the incidents.

The girl also alleged Borst served her a cup of beer, even after he learned that she was under the legal age of 21. The girl also reportedly snorted and ingested a line of meth that Borst offered her and her sister during a visit to his home.

"It caused me to become dizzy," she said from the witness stand.

Borst also reportedly played a pornographic video while the girl was inside the home. However, she said she never looked at the television while it was playing.

Borst's attorney David Pederson asked the girl if she notified anyone of the incidents, prior to her report with police. She said no and that she notified police after her mother encouraged her to following her sister's alleged rape.

Pederson also said it is not a delinquent act for a minor to watch a pornographic video.

Gurley said it was clear, through evidence, that Borst contributed to the delinquency of the girl. "The evidence is unrefuted as far as the victim's age and where the beer came from," Gurley said in a closing statement. "In this stage of the proceeding, there is enough evidence for the case to be bound over to district court for a jury to decide."

Pederson said the state had only enough evidence to prove probable cause that Borst provided the 16-year-old with alcohol. He also said no evidence exists that the alleged meth substance was actually that.

"There is no evidence that it was a narcotic drug," Pederson said.

The police also reportedly seized its evidence regarding the delinquency case through a search warrant related to the rape cases against Borst, he said.

Carey bound over one providing alcohol to a minor count and one contributing to the delinquency of a minor charge to district court and discharged the remaining.

Borst's remains in custody at the Gallup-McKinley Adult Detention Center and his bond is set at $20,000 cash.

A preliminary hearing concerning the sexual penetration charges against Borst was slated to begin following the delinquency case. But Judge Carey decided to reschedule the hearing at the request of the attorneys involved.

"The hearing needs more time than a Friday afternoon can provide," Carey said.