A bench warrant was issued Tuesday by a state district court judge for the arrest of a man accused of sexually assaulting a teenage girl.
Fifth Judicial District Judge James Hudson said sufficient probable cause existed for a warrant to be issued for the arrest of Shaddock Ditmore, 41, of Roswell, after Ditmore did not show up for a pretrial preventive detention hearing that was scheduled for Tuesday.
Hudson said once Ditmore is caught, he will remain incarcerated, at least until a new pretrial preventative detention hearing happens.
Ditmore faces one count of sexual penetration, second degree of a child 13-18. New Mexico’s state constitution allows an individual charged with a felony to be denied bond and remain in custody pending trial, if at a hearing prosecutors demonstrate through clear and convincing evidence that no reasonable conditions of release exist that could keep other people and the community safe.
Hudson said Tuesday Ditmore — arrested Aug. 30 — was no longer in custody following a Sept. 3 hearing in Chaves County Magistrate Court, where he was released on his own recognizance.
Ditmore, who had been released before the state, on Sept. 4, filed a motion for the pretrial preventative detention hearing.
According to court documents, Ditmore is alleged to have forcibly sexually assaulted a 17-year-old female on Aug. 29, while she was sleeping at the house where he was staying.
Ditmore had given the female a ride to her grandfather’s house, where they had spent the day. Court documents state the female later told police Ditmore was driving her back to her aunt’s home, when he stopped at the 700 block of West Ninth Street residence where he had been staying.
After the two went inside and turned on a movie, Ditmore walked out of the room. Having thought that he had left, she fell asleep on a bed. When she later woke up, she saw Ditmore on top of her. She then pushed him off and fled, according to court documents.
Ditmore was later detained by Roswell Police and transported to the police station, where he admitted to being in the house with the victim. Ditmore though said he does not believe he sexually assaulted the female, but he might have rubbed her while they are laying in bed, according to the documents.
Ditmore later told police he had taken Trazodone, sleeping pills and smoked medical marijuana, and sometimes doesn’t remember where he is when he wakes up.
Court documents state that Ditmore has a criminal record stretching back to 2000. He was convicted in 2014 on one prior count of criminal sexual penetration of a child 13-18.
His criminal history has also included charges of forgery, possession of marijuana and driving under the influence of liquor or drugs, according to court documents.
Breaking news reporter Alex Ross can be reached at 575-622-7710, ext. 301, or at firstname.lastname@example.org.