FARMINGTON — A judge has declined to reduce the $500,000 bail set for a West Point man facing numerous charges in a pair of rape cases.
Brandon D. Dunaj, 41, is held at the Davis County Jail on charges of first-degree felony aggravated kidnapping and rape and third-degree felony aggravated assault stemming from an alleged Sept. 13 attack.
After Dunaj was arrested that night, three other women came forward to report they had been raped by Dunaj. One of those reports resulted in a second criminal case against him — he is charged with rape and object rape for an alleged attack in 2011.
In a Dec. 3 hearing before 2nd District Judge David Connors, Dunaj’s attorney, Clayton Simms, sought reduction of bail to the $50,000 originally set.
Simms has filed a series of motions that question the credibility of the alleged victim.
The woman told police Dunaj assaulted her, first in a car as they were returning to his home from a concert, and later in the home. Dunaj told police the woman jumped out of his car during the incident, but she denied it, according to Simms’ latest motion Nov. 6.
That motion asks the court to appoint a 5th Amendment attorney to advise the victim before she testifies in the case, as a protection for her against self incrimination.
Simms earlier issued a subpoena to compel the woman to participate in a hearing in which a judge will determine whether the case against Dunaj, 40, will proceed to trial.
Davis County prosecutors have opposed that subpoena, saying they intended to submit the victim’s written statements at the preliminary hearing, a proceeding in which a judge determines whether probable cause exists to bind over a suspect for trial.
The court has yet to rule on those issues.
But at the bail hearing last week, prosecutors asked that the alleged victim be allowed to speak to the court about the request to reduce bail.
Simms objected, after which a prosecutor read a written statement by the woman, according to court records.
Following that exchange, Connors ruled the bail will be kept at $500,000 pending further proceedings.
A date for a preliminary hearing has not yet been set.
A Davis County Sheriff’s Office probable cause statement said Dunaj punched the woman and slammed her head into the window while they were still in the car.
Upon arrival at a home, he kicked and punched her and she tried to get away, the document said. He dragged the 34-year-old woman inside by her hair and shirt and smashed her face onto the tile floor and choked her, it said.
He carried her to the bedroom and forced her to engage in sexual intercourse, the document said.
A sexual assault examinations nurse at Davis Hospital cataloged the woman’s injuries, including her right eye almost swollen shut, and genital injuries, plus bruises and scratches on her head, neck, back, shoulder, arms and hands.
Dunaj said the woman was suicidal and jumped from the moving car and he helped her back in. At the home, he said, they were still arguing and she wanted to leave and then she kicked and punched him.
He said he asked her to go upstairs with him to talk and that they reconciled and had consensual sex.
In the 2011 case, Judge Robert Dale ordered that Dunaj be bound over for trial. An arraignment hearing is scheduled for Thursday.