A felony sexual assault charge against a New Mexico filmmaker was dismissed Friday in District Court.
Kody Dayish, a 29-year-old from Shiprock, was arrested last month for an incident that occurred while he was in town for the Durango Independent Film Festival.
The charge was dropped because of insufficient evidence to prove the case beyond a reasonable doubt, said 6th Judicial District Attorney Christian Champagne.
Dayish was arrested March 3 on suspicion of sexual assault after police investigated an incident that took place the night before at the Best Western Rio Grande hotel, 400 East Second Ave.
The alleged victim called police early in the morning of March 3 to report that the sexual assault happened about two hours earlier, according to an arrest affidavit.
When police officers arrived, the woman was “crying and appeared to be emotionally distraught.”
According to the affidavit, she told officers Dayish asked her to join him at the Durango Independent Film Festival, where he was showing his 15-minute film, “Spared,” about two Navajo families struggling with violence.
When she arrived in Durango, the woman modeled for a photo shoot with Dayish at the hotel.
The two went out for a couple of drinks afterward and returned to the hotel room where Dayish continued to drink, she told police.
According to the affidavit, Dayish offered to let the woman stay the night in his hotel room, and she agreed.
The woman told police Dayish went to her bed and began undressing and touching her inappropriately. She told detectives she “was scared when Dayish laid next to me” and she “was not expecting it to happen.”
The woman told Dayish she did not want to engage in any type of sexual activity, but he continued to undress and touch her inappropriately, according to the affidavit.
The woman told Dayish she was dating someone else and asked him to leave.
Dayish told the woman he would never have invited her had he known she was not interested in sex, and he left the room around midnight, according to the affidavit.
The affidavit also said Dayish hid the woman’s phone so she could not call for help.
Once the victim found her phone, she contacted police and was taken to Mercy Regional Medical Center for a sexual assault examination.
Dayish turned himself into police about 5 p.m. March 3 and “provided a very similar story,” according to the affidavit.
The affidavit said that based on statements made by both Dayish and the victim, “the interaction did not appear to be consensual.”
Misdemeanor charges of false imprisonment and telephone obstruction will be filed against Dayish in La Plata County court, Champagne said.