{"id":51277,"date":"2020-09-30T22:02:07","date_gmt":"2020-10-01T04:02:07","guid":{"rendered":"https:\/\/dh.durangoherald.com\/tj\/judge-rejects-plea-agreement-for-man-suspected-of-flashing-durango-gas-station-attendant\/"},"modified":"2026-03-31T03:55:27","modified_gmt":"2026-03-31T09:55:27","slug":"judge-rejects-plea-agreement-for-man-suspected-of-flashing-durango-gas-station-attendant","status":"publish","type":"post","link":"https:\/\/dh.durangoherald.com\/tj\/judge-rejects-plea-agreement-for-man-suspected-of-flashing-durango-gas-station-attendant\/","title":{"rendered":"Judge rejects plea agreement for man suspected of flashing Durango gas station attendant"},"content":{"rendered":"\n

\"McCaw\"
McCaw<\/span>du1-i-syn<\/span><\/figcaption><\/figure>\n<\/p>

A plea agreement that required no jail time for a man who exposed his genitals to a female gas station attendant for several minutes was rejected Tuesday by La Plata County Court Judge Dondi Osborne.<\/p>\n

Kyle McCaw, 27 at the time of the offense in June 2019, was before Osborne for a sentencing hearing after pleading guilty to a charge of indecent exposure for the incident, which occurred at 4 a.m. and left the gas station attendant fleeing to a restroom where she locked herself in and called police.<\/p>\n

McCaw left a note at the Durango gas station with his phone number and first name, which led police to track him down.<\/p>\n

\u201cThe plea agreement here does not adequately take into account the punitive aspects of the sentence,\u201d Osborne told McCaw. \u201cThis is not a plea agreement that involves any jail time. And I\u2019ll tell you now, if you came before me, with any room in the plea agreement to impose jail, I would have imposed jail.\u201d<\/p>\n

Before Osborne rejected the plea agreement, McCaw expressed regret for the incident.<\/p>\n

\u201cI am deeply filled with remorse for the situation, and I take full accountability for it. I want to make this right,\u201d he told the court.<\/p>\n

McCaw said the incident has led him to lose contact with many of his family members, including his young daughter, and he suffers punishment daily from repercussions from the incident.<\/p>\n

He also said publicity about the incident has harmed his landscaping business.<\/p>\n

\u201cBut even as bad as that is, I mean, I can\u2019t imagine the type of turmoil I put (the victim) through,\u201d he said. \u201cYou know, I\u2019m sure it\u2019s been hard on her. I know. She said it was hard in the beginning, but I\u2019m sure it hasn\u2019t gotten any easier.\u201d<\/p>\n

McCaw said the agreement would ensure he received \u201ctreatment that I need be able to continue being a contributing member of this community.\u201d<\/p>\n

Osborne said the plea agreement only stipulated a two-year period of supervised probation, and the sex-offender evaluation report said McCaw could need as many as six years of treatment before he could be viewed as less likely to reoffend.<\/p>\n

The period of supervised probation, Osborne said, could be extended another two years, but even with an extension, the possibility remained that McCaw might be free of supervision before he completed sex-offender treatment.<\/p>\n

Osborne questioned McCaw\u2019s sincerity in expressing remorse.<\/p>\n

\u201cIt appears that the primary reason you\u2019ve (pleaded guilty) is not because you necessarily feel guilty, but that you feel you were captured on video, and that you would have been convicted at trial,\u201d she said. \u201cIt doesn\u2019t appear to me that you\u2019re recognizing the problem that you have.\u201d<\/p>\n

District Attorney Christian Champagne said his office\u2019s main goal was to ensure the community was protected by channeling McCaw to sex-offender treatment as soon as possible.<\/p>\n

\u201cThat was the impetus behind the plea that we crafted, and we felt that our plea agreement did achieve those goals,\u201d he said. \u201cAnd Judge Osborne disagreed, she felt that there were other priorities that we should have addressed that she wanted it to be more punitive. And we will take those comments into consideration as we move forward in the case.\u201d<\/p>\n

Before a plea agreement is agreed to, Champagne said his office discusses the agreement with the victim.<\/p>\n

\u201cWe did discuss this with the victim of the case. And she agreed to this plea agreement, she was on board with it. That says a lot to us as prosecutors,\u201d he said. \u201cThe victim\u2019s wants always influence our decision-making. And she was comfortable with this plea, and that was a big part of the reason we went forward with it.\u201d<\/p>\n

Osborne scheduled McCaw to appear for a status conference at 10 a.m. Oct. 14 to determine how to proceed with the case after her rejection of the plea agreement.<\/p>\n

parmijo@durangoherald.com<\/a><\/em><\/p>\n","protected":false},"excerpt":{"rendered":"

expresses regret, says he has already paid a price<\/p>\n","protected":false},"author":1,"featured_media":51278,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[],"tags":[1078,13,28,29,4259,524],"naviga_topic":[],"class_list":["post-51277","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","tag-6th-judicial-district","tag-frontpage-lead","tag-headlines","tag-newsletter","tag-newsletter-sign-up","tag-sexual-assault"],"acf":[],"author_name":"dh_admin","_links":{"self":[{"href":"https:\/\/dh.durangoherald.com\/tj\/wp-json\/wp\/v2\/posts\/51277","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/dh.durangoherald.com\/tj\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/dh.durangoherald.com\/tj\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/dh.durangoherald.com\/tj\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/dh.durangoherald.com\/tj\/wp-json\/wp\/v2\/comments?post=51277"}],"version-history":[{"count":1,"href":"https:\/\/dh.durangoherald.com\/tj\/wp-json\/wp\/v2\/posts\/51277\/revisions"}],"predecessor-version":[{"id":87933,"href":"https:\/\/dh.durangoherald.com\/tj\/wp-json\/wp\/v2\/posts\/51277\/revisions\/87933"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/dh.durangoherald.com\/tj\/wp-json\/wp\/v2\/media\/51278"}],"wp:attachment":[{"href":"https:\/\/dh.durangoherald.com\/tj\/wp-json\/wp\/v2\/media?parent=51277"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/dh.durangoherald.com\/tj\/wp-json\/wp\/v2\/categories?post=51277"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/dh.durangoherald.com\/tj\/wp-json\/wp\/v2\/tags?post=51277"},{"taxonomy":"naviga_topic","embeddable":true,"href":"https:\/\/dh.durangoherald.com\/tj\/wp-json\/wp\/v2\/naviga_topic?post=51277"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}