GOSHEN COUNTY – Last week, charges against a Goshen County resident, Andrew Atkinson, were moved to the felony level in district court and additional charges were added. The 26-year-old man turned himself in on August 20, after a warrant was issued for his arrest for two counts of aggravated assault and battery, one count of strangulation of a household member and one count of child abuse. 

New charges were filed in the Eight Judicial District Court of Goshen County on Wednesday of last week where Atkinson is now charged with one count of aggravated assault and battery with a deadly weapon, one count of aggravated assault and battery, one count of applying pressure on throat or neck and one count child abuse: response for welfare (physical injury).

The slew of charges stems back to an August 8 incident where Atkinson “intentionally or knowingly caused bodily injury to another,” according to court records. The child abuse charges also were a result of the incident where Atkinson “being an adult, did intentionally or recklessly inflict physical injury upon a child under the age of 16,” records explained. 

According to the August arrest warrant affidavit of probable cause, the Goshen County Sheriff’s Department was notified of a potential domestic violence victim. Court records indicate the incident took place between Atkinson and the mother of his child, Jane Doe, on August 3. Doe was treated for the following injuries, according to court papers, a punctured/collapsed lung, bruising and lacerations to her entire body, including her feet, two black eyes, facial bruising with hematomas that cause her face to appear disfigured. She also received 15 staples and four sutures in her head due to being struck by a firearm and Atkinson. The minor child was treated for lacerations to her forehead and head. 

Atkinson initially appeared, with his defense attorney, Joe D. Bustos, in court after surrendering on August 22 where a $160,000 cash bond was set. 

A motion for a reasonable bond was entered into the court on August 21 where Bustos expressed he had been recently obtained as legal counsel for the defendant and he was struggling to access his client’s records. The defendant, through his attorney, also asked the court for “a reasonable bond be it low cash, percentage and/or surety.”

“Attorney Bustos attempted [to] gain information about the defendant’s case(s) via circuit court, detention center and county attorney, in good faith, to address any bond issues to no avail or to possibly clear up any misunderstanding,” the motion reads. “The circuit court clerk would not provide case information and directed counsel to his local court computer terminal, and the county attorney’s office was substantively nonresponsive.” 

Bustos noted there was “some delay” in his client self-surrendering due to the lack of communication. 

“The defendant (Atkinson) has demonstrated his intent to see these cases through properly by retaining private counsel and self-surrendering at the jail. He has extensive family ties in the Torrington, Wyoming area,” Bustos’ motion reads. “He has limited if any criminal history.”

In the order setting bond and conditions for release, Atkinson’s bond was set at $160,000, cash only and in the notice setting a preliminary hearing, Atkinson was ordered to appear on August 29 at 10 a.m.

A motion to continue was entered into court on August 23, where the deputy county and prosecuting attorney asked for a continuance in the case based on a conflict of interest with another court case. Atkinson entered a motion to waive of speedy preliminary hearing and an order of continuance was entered into court with a preliminary hearing date of September 24.

On September 24, a bind over order was entered into the court. 

“This matter having come before the court for a preliminary hearing on the 24th day of September 2024, and the state being represented by Kenneth Brown Deputy Prosecutor and County Attorney, and the defendant being represented by Joe Bustos, and the court, having heard testimony of the witness and the court being fully advised in the premises finds that sufficient probable cause exists to bind the defendant over to the district court for further court proceedings,” the order reads. 

Atkinson’s additional charges were added from a 2016 incident, where a warrant was issued for his arrest.