Dustin Toth wants his good name back.
Toth, 25, of Windsor has been living a nightmare the past week after being arrested by Windsor police Nov. 26 on suspicion of kidnapping a woman at knife-point from the Windsor Safeway parking lot, drugging her, holding her captive and sexually assaulting her, according to an arrest affidavit.
Toth said the woman made everything up such as when she told police that he drugged her with a fruit-flavored drink, grabbed a knife from his car and threatened her, taped a bottle of wine to her hand and forced her to drink it, punched her and sexually assaulted her while she drifted in and out of consciousness at his parents’ home and threatened the lives of her and her fiancé if she told police.
“I am innocent. There is nothing in there that is true. People think I’m guilty. These charges are false. Out of all my friends, out of everybody at the church group that has my back, out of everybody I know through the military, they all know that I am nothing like this,” said Toth in a sit-down interview at his parents’ Windsor home Tuesday morning. “They all stand by me. I’m not a felon. I help people out. I’m there for everyone. I just don’t want my name to go bad. I’ve done nothing wrong. I wanted to be able to succeed in my life, but with all these accusations placed before me, I want nothing else than to just be able to live a good life and be happy. This has stopped me.”
The Weld District Attorney’s Office said Monday it filed no charges against Toth, who was facing multiple felony counts from what the woman told police on her account that began the evening of Nov. 24 and lasted through the morning of Nov. 25.
Toth, who is member of the Colorado Army National Guard 220th Military Police Company in Denver and said he helped out during the floods in September, said he had known the woman since January when they met at work in Boulder. Toth said he met with the woman at the Safeway parking lot in Windsor on Nov. 24. He said they went to dinner at Asian Pearl Bistro and he talked about how he wanted to be deployed to Cuba. He said after dinner they went over to Chimney Park for a while and then returned to the Safeway parking lot. He said she decided to leave at that point, but then returned. Toth said they went in his car to a liquor store in town and then went to his parents’ home in the 900 block of Mesa Court to drink and watch movies. Toth said he introduced the woman to his parents before they went down to the basement, where they drank a bottle and a half of wine and then had consensual sex. Toth said the next morning he drove her back to her car at Safeway.
Toth said he received a text message from the woman that day saying she was in a hospital in Fort Collins with a broken leg and a ruptured spleen and that she could possibly be placed in a medically induced coma. She told him that police were at the hospital. She later texted and asked if he would delete the contacts between the two via phone or text, and Toth agreed to do it.
Toth was released from police custody at the Weld County North Jail Complex in Greeley on Nov. 26 after spending about 14 hours in jail. Since then, Toth said he lost his job as a materials handler at OtterBox in Fort Collins. He was in the running for a job as a delivery driver at Furniture Row in Fort Collins, but after three interviews Toth learned they’re not going to hire him because of the arrest. Toth said he spoke to his National Guard company Tuesday and it totally supports him and will put him on some form of orders until he finds a new job on the civilian side.
“The judicial system says I am innocent until proven guilty, but according to the public eye I am guilty until proven innocent,” said Toth, who was raised in Windsor. “The public sees who they think I am, and that’s all I have. That is now who I am until I can prove otherwise.”
According to the Weld District Attorney’s Office: “No charges have been filed against Mr. Toth, so there are no court dates. The court record indicates that case was closed with no charges filed.”
When asked if the woman is being investigated for filing a false police report, Windsor police Lt. Richard Higuera said Tuesday that, “I am unable to comment. The case is still under investigation.”
Toth wonders why the police department is still investigating. He said his computer, laptop, cell phone, iPod and other items are still in the evidence locker, and he doesn’t know when he’ll receive those items. He also said he’s been unable to get a lawyer because there is no paperwork on the case since he was never charged by the district attorney.
“I don’t know what they’re investigating. I’m a little bit afraid of what’s going on and what’s all left, but all in all there is nothing there to prove that I did anything like that,” said Toth, who added that he plans on suing the woman and anyone else involved when the case is officially cleared.
“When it’s all said and done, I’m suing,” Toth said.
Toth’s dad, David Toth, said he’s angry about the whole ordeal.
“I saw them come in and I saw them leave,” David said of when his son and the woman were at his home. “Her affidavit is totally wrong. This is crazy, No lawyer will take it. He has no paperwork from the courts, What do we do? It’s hard to sleep. It’s hard to eat. It’s hard to do my job.”
Toth said he feels the woman, along with others, planned this story.
“This was something they had wanted to do to me, and I don’t know why,” Toth said.
Toth and his father hold no bitterness toward Windsor police, who arrested Toth off Garden Drive and Canyon Court, a block from his house, on an arrest warrant for sexual assault after he was returning home from work shortly after midnight.
“As many feelings that I have toward the Windsor police, I kind of feel like they were doing their job,” Toth said. “I did have a week to think it over. Yeah, I may be a little angry with them, but they’re going off the (affidavit) and that’s their job.”