An 18-year-old of man who pleaded guilty to sexually abusing an 11-year-old girl is once again facing possible prison time after allegedly violating his probation.
Edward Charles Buckendorf, 18, appeared in the the Third District Court of Judge Nena James at a change of plea hearing to second-degree sexual abuse of a minor on Aug. 28.
During this hearing, Buckendorf entered a guilty plea to the felony charge under Wyoming Statute 7-13-301. This statute is designed for first-time offenders and can only be used once. Under 7-13-301, Buckendorf agreed to enter a guilty plea, which will not be entered unless he does not successfully complete his three years supervised probation. If he successfully completes his probation the felony charge is dismissed.
According to court documents, on Sept. 17, an initial hearing on probation revocation took place in Judge James court.
“The petition alleges that you violated your probation. Specifically, it alleges that you had access on cell phone to Internet technology from Aug. 29-Sept. 10, 2014,” Judge James said.
She said it also alleges that Buckendorf used this technology to allegedly contact with a minor in Green River on Sept. 10.
Judge James told Buckendorf, the court has three options: to revoke probation and reinstate it under the current terms, revoke probation and reinstate it with more stringent terms or revoke probation and enter Buckendorf’s guilty plea, at which point he would become a convicted felon and he could face a maximum sentence of 20 years in prison and a maximum fine of $10,000.
Buckendorf asked if he could be released on his own recognizance because he was upset about how much school he was missing.
Judge James replied, “An OR bond is absolutely not applicable. Your chances of being sent to prison went up exponentially once this petition was filed. With you facing the potential of a 20-year prison term, an OR bond is out of the question. Absolutely out of the question.”
James set the bond at $50,000 cash or surety.
According to court documents, on April 11, 2014, a Green River Police officer was advised by the Department of Family Services that three children told one of their employees about an alleged sexual abuse.
The three children were interviewed on April 5, 2014. One of the girls referred to as M.M. told the officer she met Buckendorf at the skate park and knew how old he was because her friend had told her. She told the officer Buckendorf knew how old she was because she told him.
M.M. told the officers that one night Buckendorf snuck into her bedroom through her window. After he entered the room, MM, Buckendorf and her friend went into the closet. Her friend soon left the closet because she got nervous. M.M. said while they were in the closet they kissed. She got on top of Buckendorf and moved up and down while all of their clothes were on.
On April 16, Buckendorf was also interviewed. He told the officer he met the girl at the skatepark in 2013 and believed the girl was about 12 years old. He admitted to sneaking into the girl’s room through the window.
He said he, M.M. and her friend went into the closet after he entered the room. M.M.’s friend left the closet and he did not do anything with the friend. Documents state Buckendorf told the officer he was lying down on the floor of the closet and M.M. got on top of him and that he and M.M. “dry humped” for a couple of minutes. Buckendorf said he then left the closet because he knew it would lead to more. He told officers his clothes and M.M.”s clothes were on the entire time. He also told the officers that he and M.M. kissed when they were in the closet.
M.M.’s siblings were interviewed and confirmed what Buckendorf and M.M. said.
It was determined that M.M. was 10 or 11 at the time and Buckendorf was 17.
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