Two charges dropped against alleged rapist

By Leslie Wood
Staff Writer

Borst

GALLUP — Magistrate Court Judge George Galanis referred four charges pending against Barry Borst to district court on Monday, following hours of tearful testimony from the woman who alleged he repeatedly raped her on Nov. 14 and Nov. 15.

However, Galanis dismissed two counts of criminal sexual penetration because the 34-year-old woman's testimony discredited the pair of charges.

A preliminary hearing routinely occurs in Magistrate Court and then a judge determines whether enough evidence exists to continue the case in district court.

Borst is accused of lacing the woman's drink with an unknown substance and then sexually assaulting her during several sessions that occurred at his single-wide trailer home located at the 1500 block of Aztec.

Before the woman's testimony, Assistant District Attorney Terence Gurley asked Sgt. Scott Montoya to explain the Nov. 17 search warrant that resulted in the finding of a sex toy that was allegedly used in the string of assaults.

Detective Erin Pablo then briefly recounted her initial encounter with the woman at Rehoboth McKinley County Hospital a day after the incident reportedly occurred. Pablo said she took a statement from the woman and photographed the multiple injuries to her body. The pictures were later booked into evidence at the Gallup Police Department.

The woman was then asked to identify the man who allegedly assaulted her. According to her testimony, she and Borst began to date after they met at a local pastry shop where she was previously employed.

The relationship escalated and the pair engaged in consensual sex in the days leading up to the incident, she said.

On Nov. 14 at about 9:30 a.m., the woman arrived at Borst's home at his request.

During the duration of her stay, he reportedly forced her to participate in numerous sexual acts with both himself, inanimate objects and a 17-year-old boy. When she did resist, according to her testimony, Borst either slapped her with a belt or would threaten to sexually assault her two young daughters.

"I took all that pain because I was afraid," she said. The pair also visited a local tattoo shop where the woman was tattooed with the phrase "Property of Barry."

During cross examination, the woman told Borst's attorney Louis DePauli that Borst indicated he preferred rough sex and he had used authoritative language with her during a previous sexual encounter.

DePauli also questioned why the woman didn't run away from Borst during the extended periods of time she was left alone or while he was at work.

"You're a big girl," he said. "You can take care of yourself ... You were all alone and you could have left, but you didn't."

At the conclusion of her testimony, the woman said it was possible that Borst believed the sex was consensual.

"Her motive is as convoluted as her belief that she was raped," DePauli said in his closing statement.

He urged Galanis to dismiss the charges or at the very least down grade them from second-degree to third-degree criminal sexual penetration because of the state's inability to show that any personal injury was sustained by the woman during the rape.

Gurley said enough evidence existed to prove probable cause concerning the incident.

"If it was consensual, it defies human nature that this woman would come forward and talk about something like this," Gurley said.

Galanis dismissed two of the counts pending against Borst because the woman indicated that portions of their sexual relationship were consensual.

"Intuitively, I know there is a great deal of mental anguish involved in this case," Galanis said. "I can sense it."