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Cord Sentenced On Sexual Assault

 

Cybulski Hands Out 40 Years, 35 Suspended

David Joseph “Joey” Cord, 25, was sentenced in Roosevelt County District Court in Wolf Point Feb. 12 after a jury found him guilty of sexual assault on Sept. 13, 2019. Cord was found not guilty of sexual intercourse without consent.

According to charging documents, Cord was observed coming down the stairs at the victim’s home in Culbertson on Sept. 21, 2018, with no pants on, holding his penis. The victim, a minor under the age of 16, told investigators that Cord entered her mother’s room on the evening of the assault and woke her up. She told Cord to leave. But was allegedly told to “shut up.” It was at that point that the sexual assault occurred.

Pursuant to statute, Cord was facing a minimum of four years and a maximum of 100 years, unless the court found good cause to impose a lesser sentence.

During the trial, Roosevelt County Attorney Austin Knudsen told the jury “mistakes were made” by Roosevelt County Sheriff’s deputies during the initial investigation. He said deputies failed to collect physical evidence at the scene of the crime, failed to secure the scene for evidence collection and failed to interview the victim on the night of the assault or administer a sexual assault forensic evidence kit (rape kit).

Cord’s attorney, Terry Toavs, requested Judge David Cybulski sentence Cord to 10 years with the Montana Department of Corrections with eight of those years suspended.

Knudsen asked the court to sentence Cord to 20 years at the Montana State Prison with 10 of those years suspended.

Judge Cybulski did not follow either recommendation and sentenced Cord to 40 years with 35 of those years suspended and imposed a $50,000 fine. He was designated as a Tier II or Level 2 Sex Offender. Cord will have to register as a sex offender and will be on probation until he is 65 years old.

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