Home News Local News Judge rejects pretrial detention motion in child sex offense case

Judge rejects pretrial detention motion in child sex offense case


Copyright © 2021 Roswell Daily Record

A motion made by the state to keep a man in custody who allegedly forced a boy in his care to engage in sexual activity with him — including one instance at a local Walmart — was rejected Monday during a pretrial preventative detention hearing in 5th Judicial District Court in Roswell.

Brandon Waters, 30, of Roswell, was charged July 2 with two counts of criminal sexual penetration in the first degree of a child under 13; and one charge of sexual contact with a minor, second degree, child under 13, according to court documents.

A petition for pretrial detention was filed by the state to keep Waters from being released with or without bond pending trial.

The New Mexico State Constitution allows bail to denied to an individual charged with a felony pending trial if the prosecuting authority requests a hearing and presents clear and convincing evidence that no release conditions will reasonably protect other people or the community.

In his decision, Judge Dustin Hunter said the state did not meet the threshold in providing clear and convincing evidence that no reasonable steps could be taken to keep the victim or other people safe from Waters.

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Hunter though imposed several conditions that Waters must abide by should he be released on bond. Waters is not to have any contact with the victim or any witnesses in the case.

A GPS system is to be installed on Waters before he is released and he must abide by a 7 p.m. curfew. Waters is also forbidden during the investigation from having contact with any child under age 18, owning any firearms or consuming any drugs or alcohol.

Hunter turned down a request by the defense to allow Waters to reside at the home of his girlfriend, who has a young son. Waters, if released, will be allowed to stay at an apartment he has leased.

An affidavit states allegations against Waters came to the attention of police when it was reported that a boy in his care was allegedly forced to engage in sexual acts with him.

When questioned by police in an interview, the boy said Waters would take him into the bathroom and perform sexual acts on him when his mother was asleep or not home. The affidavit states that the boy said such incidents happened “11 or 12 times” including once in a men’s room stall at Walmart.

Waters was still being held at the Chaves County Detention Center as of Monday, according to a Chaves County Detention Center jail population summary listing the names of all inmates at the facility.

Waters is scheduled to appear in Chaves County Magistrate Court Tuesday July 16 at 8:30 a.m.

Breaking news reporter Alex Ross can be reached at 575-622-7710, ext. 301, or at breakingnews@rdrnews.com.

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