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November 2005

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Suspect arrested in Wellington assault case

By Gary Raham
Wellington Correspondent

A suspect arrested in connection with a Sept. 18 burglary and sexual assault in Wellington remains in custody at the Larimer County Detention Center on $250,000 bond.

At an Oct. 13 press conference in Wellington, Sheriff Jim Alderden announced that Benjamin William Vivian, 24, an employee at the Sports Barn in Wellington, had been arrested on charges of sexual assault and burglary.

A preliminary hearing and bond hearing is scheduled for Nov. 8, 11 a.m., before District Court Judge Jolene Blair.

According to investigators, the assault occurred at 3 a.m. on Sept. 18 at the girl's home in the 3700 block of Boxelder Court. The sheriff's report stated that a 14-year-old female, who was home alone at the time, woke to find a male in her bedroom. The victim reported that she was sexually assaulted before the assailant left the house, but she was not able to provide a detailed description. However, investigators were able to gather a substantial amount of evidence. A report on evidence submitted to the Colorado Bureau of Investigation resulted in the arrest, according to investigators.

Investigator John Feyen said at the press conference that Vivian, of Wellington, was one of three initial suspects and that he has no previous adult criminal record. He further said that the victim was at a girlfriend's home the evening of the assault and not expected back to her own house. Vivian, an acquaintance of the family, had visited the victim's mother and her boyfriend at the boyfriend's home earlier in the evening, he said.

Alderden and Feyen thanked CBI for quickly processing the physical evidence that resulted in the arrest. They also praised Wellington's deputies and investigators "for their tireless efforts in bringing closure to this case and calming the fears of their community." The assault and second-degree burglary charges are both class three felonies, each of which can result in four to 12 years of incarceration.

Wellington Mayor Larry Noel, also at the press conference, said: "Wellington is usually a low crime area, and we have a good relationship with the police. This was a bad situation for the town. We're glad the suspect was apprehended."


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