*Warning, details in the story below may be disturbing to some readers*
Some of the charges against a B.C. man charged in a brutal attack in Denver were thrown out Monday.
Thirty-year-old Colby Messer from Port Alberni was facing six counts of sexual assault with a deadly weapon. Four of the six charges have now been dismissed but the case will head to trial.
The charges were connected to a trip Messer and three friends took to Denver for a Broncos game in November, 2015.
A 27-year-old woman says she had drinks with the suspects at a bar but she doesn’t remember how she ended up at a hotel after. She claims she was sexually assaulted with several items.
Male DNA was found in the hotel room and on the items but the defence argued none of it matched Messer’s.
The three other men from B.C. have not been charged in this case.
(The full court documents, which are graphic in nature, can be viewed here)
On Monday in court, a witness was cross examined by the district attorney. The last time he was on the stand he testified he said he had sex with the alleged victim about 30 minutes after she was allegedly sexually assaulted by four men in Messer’s room. He told the court she didn’t appear to be in any distress and she didn’t ask him to call 9-1-1.
Messer remains in Denver and is scheduled to appear in court on Oct. 3 for an arraignment hearing.
It is not clear when the trial will start.
-With files from Rumina Daya.