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December 11, 2013
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Fort Collins woman who accused Windsor man of sexual assault arrested for attempting to influence a public servant; Windsor man cleared

A 20-year-old Fort Collins woman was arrested Tuesday night and charged with attempting to influence a public servant, in this case the Windsor police, after she accused Dustin Toth of Windsor of sexually assaulting her and holding her at knife point.

Katherine Bennett was arrested in Fort Collins by Fort Collins police about 6 p.m. on a Windsor police warrant and transported to the Weld County North Jail Complex in Greeley. According to the Weld District Attorney’s Office, Bennett has been charged with the Class 4 felony and was in court Thursday for a video advisement.

Appearing for her video advisement, Bennett asked a judge if her $20,000 bail could be reduced, citing what she called her clean criminal record, that she doesn’t even have a speeding ticket. A judge denied that request until the woman’s attorney can be present. Bennett remains in custody on $20,000 bond, and her next court appearance is scheduled for Tuesday morning.

The arrest warrant s Bennett made a number of statements to Windsor police that were proven untrue. As a result of the false statements, Toth was arrested and jailed and has suffered great personal hardship and embarrassment, the arrest warrant said. According to her Facebook page, Bennett is a 2010 graduate of Geneva Community High School in Geneva, Ill., and a 2012 graduate of Waubonsee Community College in Sugar Grove, Ill. The arrest warrant said Bennett moved to Colorado from Illinois in October 2012, and has no known family in Colorado. Because of having no family in the state, police felt she was a flight risk with a high likelihood of leaving the state. She was employed with IBM Global Services in Boulder, where she and Toth met last January.

Toth, 25, has been cleared of any wrongdoing by Windsor police. Windsor police Lt. Richard Higuera said Wednesday Toth is no longer a suspect.

“We followed our normal procedure and this is the way it turned out. The result was a charge against her,” Higuera said. “For us, regardless of what the complaint is, our charge is to find the thing that’s closest to the truth and if it incriminates somebody it does, and if it is exculpatory information we go with that, as well. We pursued this and that was the outcome.”

Toth was arrested by Windsor police Nov. 26 on suspicion of kidnapping Bennett at knife point from the Windsor Safeway parking lot, drugging her, holding her captive and sexually assaulting her, according to the arrest affidavit.

Toth, who lost his job at OtterBox in Fort Collins during the ordeal, said Wednesday in a telephone interview he feels vindicated that he’s cleared, but he said it’s not over.

“I feel relieved that it’s no longer on me, but it’s not over until I get everything back on track. It’s just me trying to get my job. Nobody’s contacting me. Nobody’s doing anything,” said Toth, a member of the Colorado Army National Guard 220th Military Police Company in Denver, who added that he plans on suing Bennett. “I can’t just sit around and have her do this and that. I’ve got to show proof that she has harmed me and my family and my military family in many ways. Not only is she being accused of falsifying allegations to the police, but also defamation of character.”

Toth said in an interview with Windsor Now! last week that Bennett made the whole story up, such as when she told police 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.

The Weld DA’s Office filed no charges against Toth and he was released from jail Nov. 26. Toth was facing multiple felony counts from what Bennett told police on her account that began the evening of Nov. 24 and lasted through the morning of Nov. 25.

Even after Bennett’s arrest, Toth said he still feels as though his name hasn’t been cleared.

“I still have people that think I’m guilty, and businesses will look at me like that until this is 100 percent relieved,” Toth said.


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My Windsor Now Updated Dec 14, 2013 06:59PM Published Dec 11, 2013 03:41PM Copyright 2013 My Windsor Now. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.