A 39-year-old Payson man was found guilty of sexual abuse May 7, a year after a fight broke out at Kelly’s Bar in Star Valley after the man touched a woman’s breast.
Timothy James Armstead was convicted of one count of sexual abuse, a class 5 felony, the Gila County Attorney’s Office announced.
The Payson Police Department was initially dispatched to investigate a fight at Kelly’s Bar on May 23, 2008. After an investigation, police learned that the underlying cause of the fight was Armstead’s improper sexual contact with several females. Armstead’s reported sexual contact included direct or indirect touching of a female’s breast that was nonconsensual.
“This case would not have come to fruition had officers on scene not exercised diligence to investigate a case which started as a simple bar fight, but turned into something much more,” said Deputy Gila County Attorney Lacy Hakim.
According to a police report, on the night of the incident, Armstead and a friend went to Kelly’s Bar and the bartender refused to serve Armstead because he was “obviously intoxicated.”
Armstead reportedly went around to three women in the bar and touched their breasts.
After being thrown out of the bar, Armstead and his friend went to Circle K and then decided to go back to Kelly’s Bar.
A bartender reported that Armstead and the friend immediately started causing problems, and several bar patrons removed the two from the bar.
“However, before they could do this, Armstead was able to grab several pool balls from one of the pool tables, and took them outside with him,” the police report states.
Armstead then reportedly threw the pool balls at cars and that is when the bartender called police.
When police arrived, they detained Armstead and his friend. Police arrested Armstead and charged him with sexual abuse, criminal trespass, touching another person with intent to injure and disorderly conduct-fighting.
According to court records, when Armstead went to trial, he faced three counts of sexual abuse and one count of assault for the May 23 incident. Armstead was found not guilty of assault and one count of sexual abuse, and another sexual abuse charge was dismissed.
Hakim along with attorney Pascal Brown presented the case to a Gila County jury in Globe and Payson courtrooms.
Sentencing was held in Payson on May 26 in front of the Honorable Peter J. Cahill of the Gila County Superior Court.
Armstead was sentenced to two years of probation, ordered to pay a monthly probation service fee of $65, a $1,000 prosecution fee and ordered to complete an alcohol abuse screening.