East Fork Justice Jim EnEarl refused to lower the $250,000 cash bail for a California man accused of sexual assault despite the suspect's claim he was duped by the alleged victim.
Lawyer Tod Young said defendant Dustin Casebeer, 22, was aware of the seriousness of the five sexual assault charges against him, but believed the girl was 23, not 14 as now alleged.
"I don't want to get into all the details of the relationship, however, Mr. Casebeer was presented with information that she was highly solicitous and older than the age in the complaint," Young said.
"This was not predatory behavior," he said.
Prosecutor Tom Gregory argued against lowering the bail.
"He acknowledged to the cops he knew the girl was 14 when he brought her here to have sex," Gregory said.
Young said his client had no prior record.
"You may not be guilty, but you made some incredibly stupid decisions," EnEarl told Casebeer.
He set a hearing for Dec. 12.
Eleven Douglas County sheriff's officers responded to the Holiday Lodge in Minden on Nov. 29 after they were told of a possible kidnapping involving a female juvenile.
The girl told deputies that her mother dropped her off at a Paradise, Calif., middle school that morning and she ran into Casebeer whom she described as an ex-boyfriend.
She said he ordered her to get in his vehicle and he drove to Minden where he checked into the motel. She said he handcuffed her and raped her five times after she refused to have sex with him. She said she didn't try to escape because the suspect said he had a gun, but she never saw a weapon.
