DA dismisses Boulder sex assault case following hung juries

·2 min read

Jun. 10—A former University of Colorado Boulder student accused of rape who had two hung juries in his case had the last remaining count against him dismissed by prosecutors.

Braedon Marcus Bellamy, 23, was initially charged with sexual assault — physically helpless, sexual assault — overcoming victim's will and sexual assault — victim incapable of appraising conduct.

A jury was unable to reach a verdict on any of the three charges in Bellamy's first trial in August. The DA elected to move forward with a retrial in May, and that jury acquitted Bellamy of sexual assault — physically helpless and sexual assault — overcoming victim's will but was not able to reach a unanimous verdict on sexual assault — victim incapable of appraising conduct.

While Bellamy was set for a status conference on Friday and prosecutors could have sought another trial on the remaining count, the Boulder County District Attorney's Office filed a motion to dismiss the last remaining count on Thursday.

"In consultation with the victim, the people have decided not to pursue this matter for a third trial," the motion read. "This assault happened two years ago when the victim was a sophomore in college. She has now graduated, is starting her career and moving out of Boulder to begin her pursuits. While she remains adamant that the defendant sexually assaulted her, and the people agree, she wishes to move her life forward in a positive manner instead of continuing through a protracted legal process."

Added Boulder County District Attorney Michael Dougherty in a statement, "Although this dismissal is not the outcome that we wanted when charges were filed, I want to acknowledge the victim's strength and courage in coming forward. As always, we appreciate the service of the jurors and respect their verdict. Based on the jury's verdict, as well as the victim's wishes to move forward with her life, we do believe that the motion to dismiss is the right decision at this time."

Bellamy's defense attorney Lara Baker issued a statement Friday on the dismissal.

"Mr. Bellamy has been steadfast in his innocence," she said. "He is grateful to have had his day in court and that justice prevailed."

According to an affidavit, a woman reported to police that Bellamy sexually assaulted her on May 30, 2020, on CU's Boulder campus.

The woman told police that she became intoxicated and woke up early the next morning to Bellamy sexually assaulting her.

Bellamy told police the sex was consensual and that he did not know the woman was too intoxicated to consent.